Surprise
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
In equity practice
The act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised.
2 Brown, Ch. 150; 1 Story, Eq. Jur. § 120, note.
The situation in which a party is placed, without any default of his own, which will be injurious to his interests.
8 Mart. (La.; N. S.) 407.
Mr. Jeremy (Eq. Jur. 366, 383, note) seems to think that the word "surprise" is a technical expression, and nearly synonymous with "fraud." It is sometimes used in this sense when it is deemed presumptive of, or approaching to, fraud.
1 Fonbl. Eq. 123; 3 Chanc. Gas. 56, 74, 103, 114. See 6 Ves. 327, 338; 16 Ves. 81, 86, 87; 2 Brown, Ch. 326; 1 Cox 340.