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Books Books 1 - 10 of 180 on And this difference was taken, that where the law creates a duty or charge, and the....
" And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. "
Commentaries on the law of bailments: with illustrations from the civil and ... - Page 25
by Joseph Story - 1832 - 411 pages
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A Review of the Laws of the United States of North America, the British ...

Comparative law - 1790 - 255 pages
...286.—Fitzherbert's natura brevium, (wajit) 132, ift edition Kelw. 87. • It is alfo agreed, that where the law creates a duty or charge, and the party is difabled to perform it, without any default in him, and hath no remedy over, there he fiiall be excufed....
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A General Abridgment of Law and Equity: Alphabetically Digested ..., Volume 11

Charles Viner - Law - 1792
...for the plaintiff.—— — All. 16. SC adjudged for the plaintiff; and the Court took a difference where the law creates a duty or charge, and the party is diliblcd to perform it without any default in him, and has no retsedy o»cr, there the law will excufe...
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A Digest of the Laws of England Respecting Real Property, Volume 3

William Cruise - Real property - 1804
...part of th« land, the fervices were diminimed in proportion to the quantity of land refumed. § 7. Where the law creates a duty or charge, and the party is difablcd to perform it without any default in him, and has no remedy over, there the law will excufe....
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A Digested Index to the Term Reports: Containing All the Points of Law ...

Great Britain. Court of King's Bench, Sir Thomas Edlyne Tomlins, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1812 - 666 pages
...extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself,...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - Nisi prius - 1812 - 1250 pages
...the reddendo of the rent is an agreement for the payment of the rent, which will make a pveuaut." . 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 any remedy over, the law will excuse...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, Sir John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1814
...in Hadley v. Clarke, appears to me to be founded on much good ferde. The third refolution is, that " where the law creates a duty or charge, and the party is difabled to perform it without any aft in him, and hath no remedy over, there the law will excufe him...
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Term Reports in the Court of King's Bench, Volume 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817
...they should have introduced such an exception into their contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge,...disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - Actions and defenses - 1817 - 623 pages
...358. (cj This case was decided on the authority of Paradine v. Jane, Alleyn, 27, which holds, that where the law creates a duty or charge, and the party is disabled from performing jt without any fault on his part, and he has not any remedy over, the law will excuse...
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ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821
...those (to'be hereafter noticed) which are implied by operation of law: for when the law creates a duty, and the party is disabled to perform it 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,...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volume 4

Charles Barton - Conveyancing - 1821
...(to be hereafter noticed) which are implied by operation of law : for when the law creates a duty, and the party is disabled to perform it 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,...
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