Accessory Obligations

In Scotch law. Obligations to antecedent or primary obligations, such as obligations to pay interest, etc. Ersk. Inst. lib. 3, tit. 3, § 60. ACCIDENT (Lat. aecidere, — ad, to, and cadere, to fall). An event which, under the circumstances, is unusual and unexpected by the person to whom it happens. The happening of an event without the concurrence of the will of the person by whose agency it was caused; or the happening of an event without any human agency. 32 Conn. 85. See "Inevitable Accident." In Equity Practice. Such an unforeseen event, misfortune, loss, act, or omission as is not the result of any negligence or misconduct in the party. Story, Eq. Jur. § 78; 85 Conn. 198. An occurrence in relation to a contract which was not anticipated by the parties when the same was entered into, and which gives an undue advantage to one of them over the other in a court of law. Jeremy, Eq. 358. This definition is objected to, because, as accidents may arise in relation to other things besides contracts, it is inaccurate in confining accidents to contracts; besides, it does not exclude cases of unanticipated occurrences resulting from the negligence or misconduct of the party seeking relief. See, also, 1 Spence, Eq. Jur. 628. An unforeseen or unexpected event occurring external to the party affected by it, and of which his own agency is not the proximate cause, whereby, contrary to his own intention and wish, he loses some right which it would be a violation of good conscience for the person obtaining to retain. 2 Pom. Eq. Jur. § 823. It differs from "mistake" in that the latter is based on a voluntary action of the person affected under a mistaken Impression.