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" ... 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. "
A System of the Shipping and Navigation Laws of Great Britain: And of the ... - 416 ページ
Francis Ludlow Holt 著 - 1824 - 650 ページ
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A Digested Index to the Modern Reports, of the Courts of Common Law ..., 第 1 巻

Nicholas Baylies - 1814 - 576 ページ
...U'ithout any default in him, the law will excuse him : but when the party by his own contract creates a duty or charge upon himself, he is bound to make it...notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the lessee, would not dig gravel out of any part of the...

A Treatise on Equity: With the Addition of Marginal References and Notes, 第 1 巻

Henry Ballow, John Fonblanque - 1820 - 492 ページ
...by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have provided against...

ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821 - 580 ページ
...without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,...

Elements of Conveyancing: With Cursory Remarks Upon the Study of that ..., 第 4 巻

Charles Barton - 1821 - 586 ページ
...without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,...

The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 722 ページ
...and he has no remedy over, the law will excuse him : 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...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., 第 3 巻

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 ページ
...as laid down in Parading v. Jane, Aleyn, 27. is, 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...

Reports of Cases Argued and Determined in the Courts of Common Pleas ..., 第 3 巻

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 ページ
...as \rnOt down in Paradine v. Jane, Alet/n, 27. is, 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...

Reports of Cases Argued and Determined in the Court of Appeals of ..., 第 4 巻

Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 ページ
...waste, if a house be destroyed by tempest or enemies. But, 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; as if a tenant covenants to repair,...

A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 720 ページ
...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;...he might have provided against it by his contract (£) : therefore, if a lessee covenants to repair, the circumstance of the premises being consumed...

A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 724 ページ
...often been recognised in courts of law as a sound one ; ie 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...




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