Occurrence - Law Dictionary Search Results
Home Dictionary Name: occurrenceoccurrence
occurrence : something that takes place ;esp : an accident, event, or continuing condition that causes personal or property damage that is unintended or unexpected from the standpoint of an insured party making a claim ...
occurrence policy
occurrence policy : an insurance policy that provides coverage for an event occurring within the policy period even if the discovery or claim is made later compare claims made policy ...
Dangerous occurrences
Dangerous occurrences, is one which arises out of or in connection with work and is of a specified class, Halsbury's Laws of England (20), para 513, p. 331....
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...
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...
Common gaming house
Common gaming house, 'common gaming house' means--(i) in the case of gaming--(a) on the market price of cotton, opium or other commodity or on the digits of the number used is stating such price, or(b) on the amount of variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or(c) on the market price of any stock or share or on the digits of the number used in stating such price, or(d) on the occurrence or non-occurrence of rain or other natural event, or(e) on the quantity of rainfall or on the digits of the number used in stating such quantity, or(f) on the pictures, digits or figures of one or more playing cards or other documents or objects bearing numbers, or on the total of such digits or figures, or on the basis of the occurrence or non-occurrence of any uncertain future event, or on the result of any draw, or on the basis of the sequence or any permutation or combination of such pictures, digits, figures, n...
recoupment
recoupment 1 : the process or fact of recouping [ of expenses] 2 a : a keeping back of all or part of a sum sought by a plaintiff in the interest of equity see also equitable recoupment b : a reduction in damages because of a demand by the defendant arising out of the same occurrence or transaction c : the right of a defendant to have the claim of the plaintiff reduced or eliminated by reason of a breach of contract or duty by the plaintiff in the same occurrence or transaction ;also : an affirmative defense alleging such a breach d : a counterclaim that arises out of the same occurrence or transaction as that of the original action compare set-off NOTE: Recoupment involves the type of claim that now must be asserted in a compulsory counterclaim. ...
Charging event and taxable event
Charging event and taxable event, The charging event is the event the occurrence of which immediately attracts the charge. Taxable event cannot be postponed to the occurrence of the subsequent condition. In that event, it would be the subsequent condition the occurrence of which would attract the charge which will be taxable event, Good Year India Ltd. v. State of Haryana, 1989 Supp (1) SCR 510: AIR 1990 SC 781 (805)....
fee simple
fee simple pl: fees simple [simple without limitation (as to heirs) and unrestricted (as to transfer of ownership)] : a fee that is alienable (as by deed, will, or intestacy) and of potentially indefinite duration ;esp : fee simple absolute in this entry fee simple absolute : a fee that is freely inheritable and alienable without any limitations or restrictions on transfers and that is of indefinite duration NOTE: A fee simple absolute is conveyed by language granting the estate “to the grantee and his or her heirs,” “to the grantee, his heirs and assigns,” or “to the grantee.” The term heirs is considered in this context a word of limitation, and so this does not create a future interest in the estate in the heirs but simply makes the estate freely alienable. fee simple conditional : a fee granted to an individual and to that individual's descendants which is subject to a reversion or remainder if the grantee has no lineal descendants but wh...
impracticability
impracticability 1 : the state of being impracticable 2 : a doctrine in contract law: relief from obligations under a contract may be granted when performance has been rendered excessively difficult, expensive, or harmful by an unforeseen contingency ;also : a defense to breach of contract on the ground that it has been rendered impracticable called also commercial impracticability impracticability of performance compare frustration impossibility of performance at impossibility NOTE: Under section 2-615 of the Uniform Commercial Code, the impracticability must arise “by the occurrence of contingency the non-occurrence of which was a basic assumption on which the contract was made” or by compliance with the law. 3 : excessive difficulty in carrying out a procedure (as joinder) ...
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