Fortuitous - Law Dictionary Search Results
Home Dictionary Name: fortuitousFortuitous
Fortuitous, is happening by accident or chance rather than design (Oxford Dictionary), See also D. Ganesh Rao Patnaik v. State of Jharkhand, (2005) 8 SCC 454.Means occurring by chance 'a fortuitous event may be highly unfortunate', Black's Law Dictionary, p. 664.Means 'accident or fortuitous casualty (Stroud's Judicial Dictionary)...
cas fortuit
cas fortuit [Anglo-French] : fortuitous event ...
fortuitous event
fortuitous event : an event of natural or human origin that could not have been reasonably foreseen or expected and is out of the control of the persons concerned (as parties to a contract) : force majeure called also cas fortuit see also frustration compare inevitable accident ...
Fortuitous
Happening by chance coming or occuring unexpectedly or without any known cause chance as the fortuitous concourse of atoms...
Accident
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...
excuse
excuse ex·cused ex·cus·ing vt 1 : to grant exemption or release to [excused the prospective juror] [excused the witness after an hour of testimony] 2 : justify vi : to serve as an excuse or justification [exigent circumstances may "J. J. White and R. S. Summers"] [ik-skyüs] n 1 : excusal 2 a : a circumstance that allows for release under the law from an obligation, duty, or contractual liability compare act of god, force majeure, fortuitous event, impossibility of performance b : a circumstance (as a physical threat) that grants immunity for otherwise tortious or criminal conduct compare justification, privilege ...
force majeure
force majeure [French, superior force] 1 : superior or insuperable force 2 : an event (as war, labor strike, or extreme weather) or effect that cannot be reasonably anticipated or controlled : fortuitous event compare act of god, inevitable accident ...
frustration
frustration 1 a : the act of frustrating b : the state or an instance of being frustrated c : something that frustrates 2 : a common-law doctrine of contract law: parties to a contract may be excused from performance even though performance is still possible if the reason for making the contract is partially or completely frustrated by a fortuitous event or by circumstances which are not the fault of either party called also frustration of purpose frustration of the venture compare cause, force majeure clause, impossibility, impracticability NOTE: In order for frustration to be used as a successful defense to a breach of contract claim, the reason for making the contract must have been contemplated or recognized by both the contracting parties even though it was not expressed in the contract. ...
inevitable accident
inevitable accident : an accident not caused by human negligence compare act of god, force majeure, fortuitous event ...
promise
promise : a declaration or manifestation esp. in a contract of an intention to act or refrain from acting in a specified way that gives the party to whom it is made a right to expect its fulfillment aleatory promise : a promise (as to compensate an insured individual for future loss) whose fulfillment is dependent on a fortuitous or uncertain event collateral promise : a promise usually to pay the debt of another that is ancillary to an original promise, is not made for the benefit of the party making it, and must be in writing to be enforceable false promise : a promise that is made with no intention of carrying it out and esp. with intent to deceive or defraud gratuitous promise : a promise that is made without consideration and is usually unenforceable called also naked promise compare nudum pactum NOTE: A gratuitous promise may be enforceable under promissory estoppel. illusory promise : a purported promise that does not actually bind the party making it to a particular p...
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