Unavoidable
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
To constitute an unavoidable accident, within a stipulation in a bill of lading that vessel shall not be liable for losses by such accidents, there must be a vis major; the interfering clause must be irresistible. A loss occurring from breakage of an appurtenance of the vessel is not excluded, although the thing broken was tested and appeared sound, and broke in consequence of a hidden flaw.
Central Line of Boats v. Lowe, 50 Ga. S09.
The expression unavoidable casualty, used in a lease to limit the lessee's liability to pay rent, does not mean a mere want of repair arising from lapse of time, or improper use of the premises; nor from trespasses or nuisances occasioned by acts of the lessee or third persons. It comprehends only damage or destruction arising from supervening and uncontrollable force or accident; events or accidents which human prudence and foresight cannot prevent. "Welles V. Castles, 3 Gray, 323.