| Henry John Wastell Coulson, Urquhart Atwell Forbes - 1880 - 788 lehte
...counsel for the plaintiffs: — The distinction taken in the books 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 " if the defendants had chosen to except any loss of any " kind,... | |
| Isaac Grant Thompson - 1881 - 968 lehte
...Sauuder's Reports, 2 Saund. 69; Walton v. Waterhouse, id. 422, note 2. " When the law creates adnty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will excuse it, as in waste, if a house be destroyed by tempest or by... | |
| 1882 - 772 lehte
...any accident by inevitable necessity, because he might have provided against it by his contract, but where the law creates a duty or charge and the party...hath no remedy over, there the law will excuse him " : Paradine v. Jane. (I) Moreover, s. 43 of the General Act of 1847, which fixes a penalty for the... | |
| 1882 - 864 lehte
...any accident by inevitable necessity, because he might have provided against it by his contract ; but where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him " — Paradme v. Jane (2). Moreover, section 43 of the general Act, 1847, which fixes a penalty for... | |
| 1883 - 802 lehte
...nd impossUnUa (the law docs not compel a man to do that which he cannot possibly perform). A\ here the law creates a duty or charge, and the party is disabled to perform it without any default of his own, and has no remedy over, the law will in general excuse him. Common carriers, in accordance... | |
| Richard Hallilay - 1884 - 680 lehte
...after the premises have been accidentally burnt. A.—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 fiis own contract creates a... | |
| 1885 - 906 lehte
...12 Wend., 452; 6 Cow., 625; 19 Johns., 71; 6 Term R, 760. There is a distinction between the cases where the law creates a duty or charge, and the party is disabled to perform, without any default in him, and hath no remedy over — there the law will excuse him; but where the... | |
| 1886 - 774 lehte
...Law, pp. 158,278, 286; Fitzherbert's Natura Brevium, Waste, 132, 1st ed.; Kelw. 87. It is also agreed, that where the law creates a duty or charge, and the...any default in him, and hath no remedy over, there he shall be excused. As in the case of waste against tenants in dower, by the courtesy, for life or... | |
| 1911 - 1146 lehte
...would be no question of defendant's liability for the property embraced in this clause, for 'when a law creates a duty or charge, and the party Is disabled...without any default in him, and hath no remedy over, then the law will excuse ; but when the party by his own contract creates a duty or charge upon himself,... | |
| 1886 - 844 lehte
...failure to perform the contract? It is very clear that it would not. When the law creates a duty to charge, and the party is disabled to perform it, 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... | |
| |