 | Joseph Kinnicut Angell - 1851 - 836 էջ
...performing the contract.2 There is a distinction founded in reason and authority, which is, that when the law creates a duty or charge, and the party is...disabled to perform it, without any default in him, and has no remedy over, then the law will excuse him ; but when the party, by his own contract, creates... | |
 | 1851 - 844 էջ
...wherewith he kills another." Paradine v. Jane, ( Aleyn. 26,) " When the law creates a duty or charge, if the party is disabled to perform it, without any default in him, and he has a remedy over, the law will excuse him, as in waste, if a house be destroyed by tempest or enemies,... | |
 | Herbert Broom - 1852 - 616 էջ
...then, a general rule which admits of ample practical illustration, that impotentia excusat legem ; where the law creates a duty or charge, and the party...disabled to perform it, without any default in him, and has no remedy over, there the law will in general excuse him.3 enforce any one to do a thing which... | |
 | Ireland. High Court of Chancery - 1852 - 780 էջ
...his contract :" Paradine v. Jane (a); 2 Wms. Saund., p. 421, a. " For when the law creates " a duty, and the party is disabled to perform it without any default " in him, and he has no remedy over, the law will excuse him." Here the duty, if at all, is one implied by law, and... | |
 | Great Britain. Parliament. House of Lords - 1855 - 852 էջ
...a defence against paying the rent. But the plea was resolved to be insufficient ; because, although "where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused. But... | |
 | 1855 - 800 էջ
...were particularly mentioned. This covenant is absolute and unqualified. It ¡к a well-settled rule that where the law creates a duty or charge, and the...is disabled to perform it, without any default in himself, and has no remedy, even, then the law will excuse him; but when the party, by his own contract,... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 էջ
...his liability, should give a regular notice to quit. The rule is, that when the law creates a duty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 էջ
...the whole army had been alien enemies, yet he ought to pay his rent. And this difference was taken, that, where the law creates a duty or charge, and...hath no remedy over, there the law will excuse him ; as, in the case of waste, — if a house be destroyed by tempest, or by enemies, the lessee is excused... | |
 | Oliver Lorenzo Barbour - 1860 - 716 էջ
...and which would be determined by whatever would determine the duty. And it is a rule well settled, that " where the law creates a duty, or charge, and...without any default in him, and hath no remedy over, the law will excuse him." (Aleyn's R. 27. Harmony v. Bingliam, 2 Kern. 99, and cases there cited.)... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 էջ
...WILLIAMS, in his note to Wo/ton v. Waterhouse (2 Saund., 422), is this: "When the law creates a duty, and the party is disabled to perform it, without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a... | |
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... but 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... 
