Define: Fortuitous

In legal terms, “fortuitous” refers to an event or circumstance that occurs by chance or accident, without any intention or control by the parties involved.

Yes, a fortuitous event can sometimes be used as a defence in a legal case. If an unforeseen event occurs that prevents a party from fulfilling their contractual obligations, it may be considered a fortuitous event and relieve them from liability.

Yes, for an event to be considered fortuitous, it must be unforeseen, unexpected, and beyond the control of the parties involved. It should not have been reasonably foreseeable or preventable.

Yes, insurance policies often cover fortuitous events. Insurance companies provide coverage for unforeseen events such as accidents, natural disasters, or other unexpected occurrences, depending on the terms of the policy.

Generally, a party cannot be held liable for damages caused by a fortuitous event, as it is beyond their control. However, specific circumstances and contractual agreements may alter this general rule, so it is advisable to consult with a legal professional.

In criminal cases, fortuitous events are generally not considered valid defences. Criminal liability is typically based on intent or negligence, rather than chance occurrences.

Depending on the terms of the contract and applicable laws, a party may be able to terminate a contract if a fortuitous event makes performance impossible or impracticable. However, it is crucial to review the specific contract provisions and seek legal advice before taking any action.

If a fortuitous event occurs during a personal injury lawsuit, it may impact the outcome. For example, if the injured party’s condition worsens due to an unrelated accident, it may affect the damages awarded. However, the specific circumstances and legal principles involved will determine the extent of its impact.

A fortuitous event occurring after the execution of a will generally does not affect its validity. However, if the event occurred before the execution and influenced the testator’s decision-making, it may raise questions about the will’s validity.

Yes, a fortuitous event can be used as a defence in a breach of contract lawsuit if it renders performance impossible or impracticable. However, the party invoking this defence must demonstrate that the event was truly unforeseen and beyond their control.