inevitable accident

inevitable accident
A purely accidental occurrence, the origin of which is either in the agency of men or in a natural force. King v Richards-Cunningham Co. 46 Wyo 355, 28 P2d 492. An unusual, unexpected, or extraordinary occurrence. French v Pirnie, 240 Mass 489, 134 NE 353, 20 ALR 1098. A collision of ships which occurs, even though both parties have endeavored, by every means in their power, with due care and caution and a proper display of nautical skill, to prevent it, and in spite of everything that nautical skill, care, and precaution can do to keep the vessels from coming together. 48 Am J1st Ship § 232. An Act of God is an inevitable accident because no human agency can resist it, but the expression "inevitable accident" is broader and more comprehensive than "Act of God." 38 Am J1st Negl § 6. But as the term is employed in the law of common carriers, it is a technical expression and "a loss by inevitable accident" is held to be synonymous with "a loss by act of God." Neal v Saunderson, 10 Miss 2 Smedes & M 572. See inevitable casualty; unavoidable accident.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • inevitable accident — in·ev·i·ta·ble accident /in e vi tə bəl / n: an accident not caused by human negligence compare act of god, force majeure, fortuitous event Merriam Webster’s Dictionary of Law …   Law dictionary

  • inevitable accident — noun a natural and unavoidable catastrophe that interrupts the expected course of events he discovered that his house was not insured against acts of God • Syn: ↑act of God, ↑force majeure, ↑vis major, ↑unavoidable casualty • Hypernyms: ↑calamity …   Useful english dictionary

  • accident — ac·ci·dent n: an unexpected usu. sudden event that occurs without intent or volition although sometimes through carelessness, unawareness, ignorance, or a combination of causes and that produces an unfortunate result (as an injury) for which the… …   Law dictionary

  • inevitable — I adjective about to happen, approaching, assured, at hand, brewing, certain, decided, definite, destined, determined, fated, fixed, following, foreordained, forthcoming, guaranteed, imminent, impending, in store, in the offing, ineluctable,… …   Law dictionary

  • inevitable — Incapable of being avoided; fortuitous; transcending the power of human care, foresight, or exertion to avoid or prevent, and therefore suspending legal relations so far as to excuse from the performance of contract obligations, or from liability …   Black's law dictionary

  • inevitable — Incapable of being avoided; fortuitous; transcending the power of human care, foresight, or exertion to avoid or prevent, and therefore suspending legal relations so far as to excuse from the performance of contract obligations, or from liability …   Black's law dictionary

  • inevitable casualty — A term, apparently favored in the drafting of leases, meaning inevitable accident. An occurrence of an unusual, unexpected, or extraordinary character, without the direct participation of either landlord or tenant. Anno: 20 ALR 1101; 32 Am J1st L …   Ballentine's law dictionary

  • accident — The word accident is derived from the Latin verb accidere signifying fall upon, befall, happen, chance. In an etymological sense anything that happens may be said to be an accident and in this sense, the word has been defined as befalling a… …   Black's law dictionary

  • accident — The word accident is derived from the Latin verb accidere signifying fall upon, befall, happen, chance. In an etymological sense anything that happens may be said to be an accident and in this sense, the word has been defined as befalling a… …   Black's law dictionary

  • accident — An occurrence by chance or not as expected. Haser v Maryland Casualty Co. 78 ND 893, 53 NW2d 508, 33 ALR2d 1018; Anno: 8 ALR2d 409. In lesser scope, an occurrence which could not have been foreseen by the exercise of reasonable prudence, one… …   Ballentine's law dictionary

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