 | 1790 - 286 halaman
...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.... | |
 | Charles Viner - 1792 - 540 halaman
...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... | |
 | William Cruise - 1804 - 596 halaman
...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.... | |
 | Francis Buller - 1817 - 684 halaman
...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 him ; but where... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 halaman
...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 him;... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 halaman
...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 him; but... | |
 | Thomas Platt - 1829 - 724 halaman
...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 him,... | |
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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. 
