FORTUITOUS EVENT

A term in the civil law to denote that which

happens by
a cause which cannot be resisted. Louis. Code, art. 2522, No. 7. Or it is
that which neither of the parties has occasioned, or could prevent. Lois
des Bat. Pt. 2, c. 2, 1. It is also defined to be an unforeseen event
which cannot be prevented. Dict. de Jurisp. Cas fortuit.

2. There is a difference between a fortuitous event or inevitable

accident, and irresistible force. By the former, commonly called the act of
God, is meant any accident produced by physical causes, which are
irresistable, such as a loss by lightning or storms, by the perils of the
seas, by inundations and earthquakes, or by sudden death or illness. By the
latter is meant such an interposition of human agency, as is, from its
nature and power, absolutely uncontrollable. Of this nature are losses
occasioned by-the inroads of a hostile army, or by public enemies. Story on
Bailm. 25, Lois des Bat. Pt. 2, c. 2, 1.

3. Fortuitous events are fortunate or unfortunate. The accident of

finding a treasure is a fortuitous event of the first class. Lois des Bat.
Pt. 2, c. 2, 2.

4. Involuntary obligations may arise in consequence of fortuitous

events. For example, when, to save a vessel from shipwreck, it is necessary
to throw goods overboard, the loss must be borne in common, there arises,
in this case, between the owners of the vessel and of the goods remaining
on board, an obligation to bear proportionably the loss which has been
sustained. Lois desBit. Pt. 2, c. 2, 2. See, in general, Dig. 50, 17, 23,
Id. 16, 3, 1, Id. 19, 2, 11, Id. 44, 7, 1, Id. 18, 6, 10 Id. 13, 6, 18, Id.
26, 7, 50, Act of God, Accident, Perils of the Sea.
Source: Bouviers Law Dictionary 1856 Edition