ACCIDENT

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ACCIDENT

ACCIDENT

ACCIDENT, practice. This term in chancery jurisprudence, signifies such unforeseen events, misfortunes, losses, acts or omissions, as are not theresult of any negligence or misconduct in the party. Francis' Max. M. 120,p. 87; 1 Story on Eq. Sec. 78. Jeremy defines it as used in courts of equity, to be "an occurrence inrelation to a contract, which was not anticipated by the parties, when thesame was entered into, and which gives an undue advantage to one of themover the other in a court of law." Jer. on Eq. 358. This definition isobjected to, because as accident may arise in relation to other thingsbesides contracts, it is inaccurate in confining accidents to contracts;besides, it does not exclude cases of unanticipated occurrences, resultingfrom the negligence or misconduct of the party seeking relief. 1 Story onEq. Sec. 78, note 1. 2. In general, courts of equity will relieve a party who cannot obtainjustice in consequence of an accident, which will justify the interpositionof a court of equity. The jurisdiction being concurrent, will be maintainedonly, first, when a court of law cannot grant suitable relief; and,secondly, when the party has a conscientious title to relief. 3. Many accidents are redressed in a court of law; as loss of deeds,mistakes in receipts and accounts, wrong payments, death, which makes itimpossible to perform a condition literally, and a multitude of othercontingencies; and many cannot be redressed even in a court of equity; is ifby accident a recovery is ill suffered, a contingent remainder destroyed, ora power of leasing omitted in a family settlement. 3 Bl. Comm. 431. Vide,generally, Com. Dig. Chancery, 3 F 8; 1 Fonb. Eq. B. 1, c. 3, s. 7; Coop.Eq. Pl. 129; 1 Chit. Pr. 408; Harr. Ch. Index, h.t.; Dane's Ab. h.t.;Wheat. Dig. 48; Mitf. Pl. Index, h.t.; 1 Madd. Ch. Pr. 23; 10 Mod. R. 1, 3;3 Chit. Bl. Com. 426, n.

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