Chance - Definition - Law Dictionary Home Dictionary Definition chance

Definition :

Chance, misfortune, accident, deficiency of will. Where a man commits an unlawful act by misfortune and chance, and not by design, his will not co-operating with the deed, such act wants one main ingredient of a crime. If an accidental mischief should follow from the performance of a lawful act, the party stands excused from all guilt; but if the act be felonious, and a consequence ensues not foreseen or intended, as the death of a man or the like, his want of foresight shall be no excuse, for, being guilty of one offence, in doing antecedently what is in itself unlawful, he is criminally guilty of whatever consequence may follow.

But a very important distinction is made in such cases, viz., whether the unlawful act is als in its original nature wrong and mischivous; for a person is not answerable for the incidental consequences of an unlawful act which is merely malum prohibitum; as, where any unfortunate accident happens from an unqualified person being in pursuit of game, he is amenable only to the same extent as a man duly qualified, Fost. 259; 1 Hale's PC 75. See MANSLAUGHTER.