 | Henry Ballow, John Fonblanque - Equity - 1820 - 492 pages
...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 such liability by his contract : and therefore, if the lessee covenant to repair a house, though it... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...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...he might have provided against it by his contract (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and the colliery became... | |
 | Francis Ludlow Holt - Maritime law - 1824 - 680 pages
...Jane, (a) " That when the party by his own contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident...he might have provided against it by his contract;" and because, not having so provided, it is to be intended that heundertook against it either as to... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...by his own contract, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract." Leer v. Fates, 3 Taunt. Rep. 386. Same v. Cowell, and Same v. Gorst. The plaintiff, in these causes,... | |
 | Thomas Platt - Covenants - 1829 - 720 pages
...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... | |
 | Law - 1833 - 560 pages
...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.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750. Hndley v. Clarke,... | |
 | Law - 1832 - 504 pages
...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." This distinction has the countenance H of highly respectable authorities. l But in the present state... | |
 | Joseph Story - Bailments - 1832 - 460 pages
...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." This distinction has the countenance of highly respectable authorities.1 But in the present state of... | |
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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. 
