Fortuitous Event

In civil law

That which happens by a cause which cannot be resisted. Code La. art.

2522, No. 7.

That which neither of the parties has occasioned or could prevent. Lois des Bat. pt.

2, c. 2.

An unforeseen event which cannot be prevented. Diet, de Jur. "Cas Fortuit." 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 irresistible; 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, Bailm. § 25; Lois des Bat. pt. 2, c. 2, § 1.

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.

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 des Bat. 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.