| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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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