Accident - Law Dictionary Search Results
Home Dictionary Name: accidentAccident
Accident, anything that happens, an unforeseen or unexpected event, a chance, a mishap, an extraordinary incident; something not expected. It is also a head of equitable jurisdiction, which was concurrent with that of the Courts of Law.Means an unlook for mishap or an untoward event which is not expected or designed, Fenton v. Thorley & Co. Ltd., 1903 AC 443: 72 LJKP 787: 89 LT 314 (HL).The meaning to be attached to the word accident,' in relation to equitable relief, is some unforeseen and undersigned event, productive of disadvantage and not due to negligence or misconduct on the part of the person seeking relief. The cases in which equity may give relief under certain conditions are (1) lost or destroyed documents. (2) Imperfect execution of powers. (3) Erroneous payments, e.g., by personal representatives.In logic, something, in any subject, person, or thing not belonging to the essence. See ESSENCE.The popular and ordinary sense of the word 'accident' means the mishap or an untowa...
Accident to workman
Accident to workman, compensation for. (English) The Workmen's Compensation Act, 1925, provides s. 1, sub-s. (1), that if in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall be liable to pay compensation.Sub-s. (2), that an accident resulting in death or serious and permanent disablement of a workman shall be deemed to arise out of and in the course of his employment, even if at the time of the accident he was acting in contravention of statutory regulations or of the orders of his employer, if such act was done by him for the purposes of and in connection with his employer's trade or business, see Guest v. Gaston & Co., 1927 (1) KB 1.The word 'accident' must be given its ordinary and popular sense; it has been defined as 'an unlooked for mishap or an untoward event, which is not expected or designed', Fenton v. Thorley & Co., 1903 AC 443. Thus compensation has been recovered in respect of death cau...
Accident occasioned by negligence
Accident occasioned by negligence. As to the recovery of damages for injuries in such cases, see NEGLIGENCE. As to the rights of wife, husband, parent or child of person killed in such an accident, see CAMPBELL'S (LORD) ACT. Any adopted or illegitimate person is included in the expression 'parent or child' for the purposes of the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41).In Criminal Law a result is said to be accidental when caused unintentionally and in such circumstances that a person of ordinary prudence would not have taken precautions to prevent its occurrence.In policies of insurance against accident the meaning of 'accident' depends on the context, but includes results brought about by the negligence of the assured and other persons. See Macgillivray on Insurance Law; Re Scarr, 1905 (1) KB 387....
Accident, Accidental
Accident, Accidental, an accident is not the same as an occurrence, but something that happens out of the normal or ordinary course of things. An effect is said to be accidental when the act is not done with the intention of causing it, and its occurrence as a consequence of such act is not so probable that a person of ordinary prudence ought, under the circumstances in which it is done, to take reasonable precautions against it. The idea of something fortuitous and unexpected is involved in the word 'accident', Sukhdev Singh v. Delhi State, (2003) 7 SCC 441 (447). (Penal Code, 1860 s. 80)...
Arising out of accident
Arising out of accident, indicates that for the purpose of awarding compensation, the casual relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. This would imply the accident should be connected with the use of the motor vehicle but the said connection need not be direct and immediate, Rita Devi v. New India Assurance Company Ltd., (2000) 5 SCC 113....
Inevitable accident
Inevitable accident, that which cannot be avoided: used in leases together with fire or tempest as a cause of destruction of the demised premises excusing the payment of rent or an omission by the lessee to repair. The expression is also very commonly used in covenants for production of documents, exempting the covenator from liability in the event of destruction by fire or other inevitable accident; but as pointed out by Mr. Davidson, Prec. Of Convg., vol. ii., pt. 1. P. 665, it is not accurate, for such accidents are not ineitable, and 'insuperable' is the better term. The word 'inevitable,' however, is used in the L.P. Act, 1925, s. 64(9), relating to the effect of an undertaking for safe custody and acknowledgment of the right to production of documents.As to ordering particulars of a defence of 'inevitable accident,' see Rumbold v. L.C.C., (1909) 25 TLR 541....
Notice of accident
Notice of accident. The (English) Notice of Accidents Act, 1906, requires annual returns and notices of accidents in mines and quarries to be given, and in the case of accidents in factories and workshops notice must be sent to the district inspector, and also in certain events to the certifying surgeon of the district. In the case of mines, however, provision for notice is now made by the (English) Coal Mines Act, 1911, Part IV. see CERTIFYING SURGEON; COAL MINES. Notice of accident must be in writing when given under s. 4 of the Employers Liability Act, 1880 [Keen v. Millwall Dock Co., (1882) 8 QBD 482]; or under s. 2 (1) of the (English) Workmen's Compensation Act, 1906 [see now (English) Workmen's Compensation Act, 1925, s. 14] [Hughes v. Coed Talon Co., (1909) 1 KB 957]; or under the (English) Coal Mines Act, 1911; notice of road accident by motor vehicle, see (English) Road Traffic Act, 1930, s. 22. (English) Notice of Accidents Act, 1894 (c. 28), provides for notice of and inqui...
inevitable accident
inevitable accident : an accident not caused by human negligence compare act of god, force majeure, fortuitous event ...
pure accident
pure accident : unavoidable accident ...
unavoidable accident
unavoidable accident : an accident that is not proximately caused by the negligence of any party or that is unforeseeable or not preventable by exercise of reasonable precautions and for which liability based on fault is not imposed compare act of god ...
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