 | Charles Abbott (Baron Tenterden) - 1867 - عدد الصفحات: 1178
...rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - عدد الصفحات: 622
...impossible, without any default on the part of the plaintiff; that " whenever a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - عدد الصفحات: 1050
...entitle a party to recover. Judge Allen, in his opinion, said : " Whenever a party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | John Neilson Taylor - 1869 - عدد الصفحات: 820
...remedy over against some other person, the law will excuse him ; but when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or inevitable necessity ; because he might have provided against it by his own contract, but did not... | |
 | Theophilus Parsons - 1869 - عدد الصفحات: 728
...by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,...might have provided against it by his contract.'" See also Nay lor o. Taylor, 9 B. & C. 718. 2 Avery v. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq. 133.... | |
 | Nathan Howard (Jr.) - 1869 - عدد الصفحات: 670
...entitle a party to recover. Judge ALLEN, in his opinion, said : "Whenever a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | Theophilus Parsons - 1869 - عدد الصفحات: 730
...laid down in Paradine v. Jane, Aleyn, 26, applies, namely, ' That when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | Punjab (India) - 1869 - عدد الصفحات: 838
...other unavoidable contingency, as lightning, or an extraordinary flood. And by his own contract, create a duty or charge upon himself, he is bound to make it good if he can, notwithstanding apy accident by inevitable necessity ; for if he had chosen to guard against... | |
 | Austin Abbott - 1870 - عدد الصفحات: 570
...premises, and of the land so leased or occupied." Austin v. Field. is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract" (3 Kent Com., 465. It is established in this State that a lease of certain apartments in a building,... | |
 | Nathan Howard (Jr.) - 1871 - عدد الصفحات: 702
...Havemeyer agt. Bingham (12 NY, 99, 107.) Kein ngt. Tapper. He says, " when a party by his own contract, creates a duty or charge upon himself, he is bound to make it good ; notwithstanding any accident or delay by inevitable necessity, because he might have provided against it by contract." The meritorious... | |
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But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
