The Principles of the Law Relating to the Discharge of Contracts
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828 ; Jones v. Judd, 4 N. Y. 412; Brick Presby. Ch. ■». N. Y., 5 Cowen 538.
= L. E. 4 Q. B. 180.
" Hadley v. Clarke, 8 T. E. 259 ; Baylies v. Fettyplaoe, 7 Mass. 325.
ABSOLUTE CONTEACTS. 27 damages, even though performance should become im- possible by reason of a change of law or otherwise, there is no doubt that he would not be excused by a subse- quent impossibility. If, on the other hand, the contract contains a provision that it shall be discharged upon performance becoming impossible, it ...is equally clear that a subsequent impossibility would excuse the prom- isor. The question, therefore, is one which depends upon the intention of the parties, to be determined by a fair construction of their contract.
The general rule is, that when a party has un- dertaken absolutely to do a thing, he is not excused from liability by the occurrence of events which render the performance of his promise impossible.^ "We think it firmly established, both by decided cases and on principle, that where a party has either expressly or impliedly undertaken, without any quali- fication to do anything, and does not do it, he must make compensation in damages, though the perform- ance was rendered impracticable by some unforeseen cause over which he had no control."^ Thus, where a charter-party required a ship to be loaded with the usual dispatch, it was held to be no answer to an action for delay in loading that a frost had stopped the navi- gation of the canal by which the cargo would have been brought to the ship in the ordinary course.* And an absolute contract to load a full cargo of guano at a cer- tain island, was not discharged by there not being enough guano there to make a cargo.* So, where a con- tractor undertook to erect a bridge according to certain plans and specifications, he was not excused from per- 1 School District v.
What to read after The Principles of the Law Relating to the Discharge of Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Ralston, Robert, 1863-1916 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
828 ; Jones v. Judd, 4 N. Y. 412; Brick Presby. Ch. ■». N. Y., 5 Cowen 538.
= L. E. 4 Q. B. 180.
" Hadley v. Clarke, 8 T. E. 259 ; Baylies v. Fettyplaoe, 7 Mass. 325.
ABSOLUTE CONTEACTS. 27 damages, even though performance should become im- possible by reason of a change of law or otherwise, there is no doubt that he would not be excused by a subse- quent impossibility. If, on the other hand, the contract contains a provision that it shall be discharged upon performance becoming impossible, it ...is equally clear that a subsequent impossibility would excuse the prom- isor. The question, therefore, is one which depends upon the intention of the parties, to be determined by a fair construction of their contract.
The general rule is, that when a party has un- dertaken absolutely to do a thing, he is not excused from liability by the occurrence of events which render the performance of his promise impossible.^ "We think it firmly established, both by decided cases and on principle, that where a party has either expressly or impliedly undertaken, without any quali- fication to do anything, and does not do it, he must make compensation in damages, though the perform- ance was rendered impracticable by some unforeseen cause over which he had no control."^ Thus, where a charter-party required a ship to be loaded with the usual dispatch, it was held to be no answer to an action for delay in loading that a frost had stopped the navi- gation of the canal by which the cargo would have been brought to the ship in the ordinary course.* And an absolute contract to load a full cargo of guano at a cer- tain island, was not discharged by there not being enough guano there to make a cargo.* So, where a con- tractor undertook to erect a bridge according to certain plans and specifications, he was not excused from per- 1 School District v.
What to read after The Principles of the Law Relating to the Discharge of Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Ralston, Robert, 1863-1916 to read onlineMoreLess
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