Surprise

In equity practice

The act by which a party who is entering into a contract is taken unawares, by which sudden contusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised.

2 Brown, Ch. 150.

Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse the judgment, or to mislead him, and of which the opposite party takes an undue advantage, is in equity a surprise, and one species of fraud for which relief is granted.

Code Ga. 1882, § 3180. And see Turley v. Taylor, 6 Baxt. (Tenn.) 386; Gidionsen v. Union Depot R. Co., 129 Mo. 392, 31 S. W. 800; Fretwell v. Laffoon, 77 Mo. 27; Heath v. Scott, 65 Cui. 548, 4 Pac. 557; Zimm'erer v. Fremont Nat Bank, 59 Neb. 661, 81 N. W. 849; Thompson v. Connell, 31 Or. 231, 48 Pac. 467, 65 Am. St. Rfep. 818.

The situation in which a party is placed, without any default of his own, which will be injurious to his interests.

Rawle v. Skipwith, 8 Mart. N. S. (La.) 407.

There does not seem anything technical or peculiar in the word "surprise," as used in courts of equity. Where a court of equity relieves on the ground of surprise, it does so upon the ground that the party has been taken unawares, and that he has acted without due deliberation, and under confused and sudden impressions.

1 Story, Eq. Jur. § 120, note.

In law

The general rule is that when a party or his counsel is "taken by surprise," in a material point or circumstance which could not have bcen anticipated, and when want of skill, care, or attention cannot be Justly imputed, and injustice has been done, a new trial should be granted.

Hill. New Trials, 521.