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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. "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 203
by Massachusetts. Supreme Judicial Court - 1864
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A Digest of the Laws of England Respecting Real Property, Volume 3

William Cruise - Real property - 1818 - 548 pages
...his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for years was bound to...
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - Landlord and tenant - 1822 - 722 pages
...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 (£). Where plaintiff was lessee of a colliery, at the rate of so much pit wey, and the colliery became...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 4

Nathan Dane - Law - 1824 - 822 pages
...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 ; and, therefore, if a lessee covenant to repair a house, though it be burned by lightning or iliroffn...
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A System of the Shipping and Navigation Laws of Great Britain: And of the ...

Francis Ludlow Holt - Maritime law - 1824 - 680 pages
...contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity ; because 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...
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A Treatise on the Laws of Commerce and Manufactures, and the ..., Volume 3

Joseph Chitty - Commercial law - 1824 - 968 pages
...his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity, because he might have provided against it in the contract (5); and therefore where the defendants contracted to carry the plaintiff's goods from...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826 - 708 pages
...his own contract creates a duty and charge upon himself, he is bound to perform it, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Though the case of Draddy v..Dea~ c'>n,S t'ern. 242. tends to shew, -that an embargo...
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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 - Law reports, digests, etc - 1826 - 706 pages
...his own contract creates a duty and charge upon himself, he is bound to perform it, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Though the case of Druddy v. Deacon, 2 Vern. 242. tends to shew, that an embargo dissolves...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 4

Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...contract, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable necessity; because 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,...
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A Practical Treatise on the Law of Covenants

Thomas Platt - Covenants - 1829 - 720 pages
...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 (£) : therefore, if a lessee covenants to repair, the circumstance of the premises being consumed...
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Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - Bailments - 1832 - 460 pages
...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." This distinction has the countenance of highly respectable authorities.1 But in the present state of the...
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