Inevitably - Law Dictionary Search Results
Home Dictionary Name: inevitablyInevitable 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....
inevitable discovery
inevitable discovery : a doctrine in criminal law: evidence obtained by methods that are unconstitutional may be admissible if it would have been inevitably discovered without the unlawful methods compare fruit of the poisonous tree, inadvertent discovery, independent source, plain view ...
inevitable accident
inevitable accident : an accident not caused by human negligence compare act of god, force majeure, fortuitous event ...
Inevitability
Impossibility to be avoided or shunned inevitableness...
Inevitableness
The state of being unavoidable certainty to happen inevitability...
independent source
independent source 1 : a source of evidence that is not connected with unlawful conduct which uncovers the same evidence 2 : a doctrine that permits use of evidence obtained independently of unlawful conduct which uncovers the same evidence or use of evidence that would have been inevitably discovered without the unlawful procedure that led to its discovery compare fruit of the poisonous tree, inevitable discovery ...
Act of God
Act of God, a direct, violent, sudden, and irresistible act of nature, which could not, by any reasonable care, have been foreseen or resisted, see Nugent v. Smith, (1876) 1 CPD 423. The general rule is that where the law creates a duty and the party is disabled from performing it, without any default of his own, by the act of God or the King's enemies, the law will excuse him; but when a party by his own contract creates a duty he is bound to make it good, notwithstanding any accident by inevitable necessity, Nichols v. Marsland, (1876) 2 Ex D 4. See also Common Carrier, tit. CARRIER.Accidental fire is not an act of God which can be traced to natural causes, Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91.Means an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of whi...
Hire
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
act of God
act of God often cap A : an extraordinary natural event (as a flood or earthquake) that cannot be reasonably foreseen or prevented compare force majeure, inevitable accident, unavoidable accident NOTE: It is a defense against liability for injury if the injury is directly and exclusively caused by an act of God. ...
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 ...
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