 | Ireland. High Court of Chancery - 1852 - 780 lehte
...his contract :" Paradine v. Jane (a); 2 Wms. Saund., p. 421, a. " For when the law creates " a duty, and the party is disabled to perform it without any default " in him, and he has no remedy over, the law will excuse him." Here the duty, if at all, is one implied by law, and... | |
 | Great Britain. Parliament. House of Lords - 1855 - 852 lehte
...a defence against paying the rent. But the plea was resolved to be insufficient ; because, although "where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused. But... | |
 | 1855 - 800 lehte
...were particularly mentioned. This covenant is absolute and unqualified. It ¡к a well-settled rule that where the law creates a duty or charge, and the...is disabled to perform it, without any default in himself, and has no remedy, even, then the law will excuse him; but when the party, by his own contract,... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 lehte
...his liability, should give a regular notice to quit. The rule is, that when the law creates a duty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 lehte
...was insufficient ; for, though the whole army had been alien enemies, yet he ought to pay his rent. And this difference was taken, that, where the law...hath no remedy over, there the law will excuse him ; as, in the case of waste, — if a house be destroyed by tempest, or by enemies, the lessee is excused... | |
 | United States. Court of Claims - 1858 - 998 lehte
...in the market. In the leading case of Paradise vs. Jane, Aleyn 26, the law was thus stated : " When the law creates a duty or charge, and the party is...without any default in him, and hath no remedy over, then the law will excuse him. But when the party by his own contract creates a duty or charge upon... | |
 | Oliver Lorenzo Barbour - 1860 - 716 lehte
...and which would be determined by whatever would determine the duty. And it is a rule well settled, that " where the law creates a duty, or charge, and...without any default in him, and hath no remedy over, the law will excuse him." (Aleyn's R. 27. Harmony v. Bingliam, 2 Kern. 99, and cases there cited.)... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 lehte
...WILLIAMS, in his note to Wo/ton v. Waterhouse (2 Saund., 422), is this: "When the law creates a duty, and the party is disabled to perform it, without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a... | |
 | Illinois. Supreme Court - 1872 - 640 lehte
...12 Howard, 279; 14 Wend. 215; 12 Barb. 321; 18 1ll. 489; Edwards on Bailments, 520, 523, 524, 526. Where the law creates a duty or charge, and the party...without any default in him, and hath no remedy over, then the law will excuse him ; but when the party by his o\vn contract creates a duty or charge upon... | |
 | William Selwyn - 1861 - 840 lehte
...Hush v. Coin, Carth. 23'.'. mises; for the words were words of qualification, and not of contract (A). Where the law creates a duty or charge, and the party is disabled from performing it, without any default on his part, and has not anv remedy over, the law will excuse... | |
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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... 
