 | Philip Taylor Van Zile - 1902 - 856 lehte
...violation.' And it is also said to be a general rule, admitting of ample practical illustration, ' that where the law creates a duty or charge, and the party is unable to perform it without any default in him, and has no remedy over, there the law will in general... | |
 | Abraham Clark Freeman - 1904 - 1180 lehte
...the premises until after the lease expired. There was no answer as to one quarter. The court eaid: "Where the law creates a duty or charge, and the party...disabled to perform it without any default in him, .... there the law will excuse him; .... but when the party by his own contract creates a duty or charge... | |
 | 1904 - 1078 lehte
...the premises until after the lease expired. There was no answer as to one quar, ter. The court said: "Where the law creates a duty or charge, and the party...disabled to perform it without any default in him, . . . there the law will excuse him; . . . but when the party by his own contract creates a duty or... | |
 | Manfred Nathan - 1904 - 686 lehte
...provide. In the case cited, Smith, J., quoted with approval the dictum in Hadley vs. Clark (8 TR 267), that " Where the law creates a duty or charge and the party is disabled to perform it without any fault in him and hath no remedy over, then the law will excuse him ; but where the party by his own... | |
 | Samuel Williston - 1904 - 696 lehte
...held insufficient.' /jQje material resolution of the court was, that " where the law creates a dut}- or charge, and the party is disabled to perform it, without any default in him, and hath no reined}' over, there the law will excuse him ; " but " when the party by his own contract creates a... | |
 | John Neilson Taylor - 1904 - 676 lehte
...law or in equity.1 It is to be observed that all such cases depend upon the general rule that, when the law creates a duty or charge, and the party is disabled from performing it, without his fault, and he has no remedy over against some other person, the law... | |
 | John Chipman Gray - 1905 - 726 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.... | |
 | Alexander James Dallas - 1905 - 560 lehte
...So algo, a building cove- 230; 1'iggot v. Mason, 1 Paige 412. Pollard v. Shaffer. 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 tne cases of waste against tenants in dower, by the curtesy, for life,... | |
 | John Davison Lawson - 1905 - 726 lehte
...Imposed by Law and by Contract Distinguished. An obligation imposed by law is always reasonable, and when the law creates a duty or charge and the party is disabled from performing it without any fault in him, the law will excuse him. Thus in the case of waste 3 Phillips... | |
 | John Frederic Clerk, William Harry Barber Lindsell - 1906 - 990 lehte
...there is no remedy over against them. In the leading case on this subject it is laid down generally that " where the law creates a duty or charge, and...hath no remedy over, there the law will excuse him " (e). For the acts of war committed by the subjects of a state at war with this country there is no... | |
| |
... 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... 
