unavoidable accident

unavoidable accident
An occurrence of an unusual, unexpected, or extraordinary character, usually occurring without any direct participation by man. French v Pirnie, 240 Mass 489, 134 NE 353, 20 ALR 1098. Something beyond human foresight and control. 32 Am J1st L & T § 796. Such an occurrence, as under all the circumstances, could not have been foreseen, anticipated, or avoided in the exercise of ordinary care. McBride v Woods, 124 Colo 384, 238 P2d 183, 29 ALR2d 101. An inevitable accident which could not have been foreseen and prevented by the exercise of that degree of diligence which reasonable men would exercise under like conditions, and which resulted without any fault attributable to the persons sought to be held responsible. 31 Am J Rev ed Lab § 823. Such an occurrence or happening as, under all attendant circumstances and conditions, could not have been foreseen or anticipated in the exercise of ordinary care. 7 Am J2d Auto § 350. See inevitable accident.

Ballentine's law dictionary. . 1998.

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  • unavoidable accident — un·avoid·able accident n: 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… …   Law dictionary

  • unavoidable accident — noun see unavoidable casualty …   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

  • unavoidable — I (inevitable) adjective avoidless, certain, coercive, compelling, compulsory, fated, fixed, impending, imperative, inavertible, ineluctable, includible, inescapable, inevasible, inevitabilis, inexorable, involuntary, irresistible, irrevocable,… …   Law dictionary

  • unavoidable casualty — n: unavoidable accident; also: an unavoidable circumstance that prevents the timely performance of a procedural act (as the filing of an answer) by a party or the party s lawyer compare excusable neglect ◇ As with excusable neglect, showing… …   Law dictionary

  • unavoidable — Not avoidable, incapable of being shunned or prevented, inevitable, and necessary @ unavoidable accident An inevitable accident; one which could not have been prevented by exercise of due care by both parties under circumstances prevailing.… …   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 — 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

  • unavoidable casualty — 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, ↑inevitable accident • Hypernyms: ↑calamity …   Useful english dictionary

  • unavoidable delay — A delay occurring by unavoidable cause, by unavoidable accident, or unavoidable casualty. Unavoidable delay in the performance of a contract, to amount to an excuse by custom or usage, must be confined to delays due to causes originating after… …   Ballentine's law dictionary

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