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Books Books 1 - 10 of 137 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. "
Reports of Cases Argued and Determined in the Courts of Common Pleas, and ... - Page 300
by Great Britain. Court of Common Pleas, Sir John Bernard Bosanquet, Sir Christopher Puller - 1814
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A Review of the Laws of the United States of North America, the British ...

Comparative law - 1790 - 255 pages
...278, 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. As in the cafes of wafte againfl...
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A General Abridgment of Law and Equity: Alphabetically Digested ..., Volume 11

Charles Viner - Law reports, digests, etc - 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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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...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - Actions and defenses - 1817 - 623 pages
...Lutw. 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...
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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
...introduced such an exception into their contract. In .•/ // . 27, this distiuctiou is taken :— " 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...
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Reports of cases argued and determined in the Court of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller, A. Moore, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - Law - 1820
...Lawrence in Had/ey v. Clarke, appears to me to b« founded on much good sense. The third resolution is, that " where the law creates a duty or charge, and the party is disabled to perform it without any act in him, and hath no remedy over, there the law will excuse him;...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 5

Virginia. Supreme Court of Appeals, Peyton Randolph - Law reports, digests, etc - 1827
...Lawrence, in Hadley v. Clarke, appears to me to be founded on much good sense. The third resolution is, that where the law creates a duty or charge, and the party is disabled to perform it, without any act in him, and hath no remedy over, there the law will excuse...
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A Practical Treatise on the Law of Covenants

Thomas Platt - Covenants - 1829 - 660 pages
...extraordinary flood of water, or overturned by an irresistible wind, will not effect his discharge (c). But 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...
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The Practice in Civil Actions and Proceedings at Law in the State of New ...

Elijah Paine, William Duer - Civil procedure - 1830
...clearly.77 Covenants in large and general terms have been frequently narrowed and confined.78 Acciden1, Where the law creates a duty or charge, and the party is cu8c8 per- disabled from performing it, without any default on his part, Inrroanco. ' - ' , and has...
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