Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
accident
An unintended and unforeseen injurious occurrence; something that does not occur in the usual course of events or that could not be reasonably anticipated. 2. Equity practice. An unforeseen and injurious occurrence not attributable to mistake, neglect, or misconduct. - accidental, adj.
accident and health insurance
See health insurance under INSURANCE. accident insurance. See INSURANC accident policy. See INSURANCE Pc
accident insurance.
An agreement to indemnify against expense, loss of time, suffering, or death resulting from an accident. Cf. casualty insurance.
accident policy
A type of business or personal policy that insures against loss resulting directly from bodily injuries sustained during the policy term solely by accidental means.
accidental injury
An injury resulting from external, violent, and unanticipated causes; esp., a bodily injury caused by some external force or agency operating contrary to a person's intentions, unexpectedly, and not according to the usual order of events.
accidental killing
Homicide resulting from a lawful act performed in a lawful manner under a reasonable belief that no harm would be possible. - Also termed death by misadventure; homicide by misadventure; killing by misadventure; homicide per infortunium. See justifiable homicide under HOMICIDE. Cf involuntary manslaughter under MANSLAUGHTER. accidental stranding. See STRANDING.
accidental stranding
Stranding as a result of natural forces, as in wind and waves. ( The type of stranding that occurs determines the method of apportioning the liability for any resulting losses. See general average and special average under AVERAGE. - Also termed involuntary stranding. "Damage to a vessel from involuntary stranding or wreck, and the cost of repairs, are particular average only. Where, however, the ship and cargo are exposed to a common peril by the accidental stranding, the expenses of unloading and taking care of the cargo, rescuing the vessel, reloading the cargo, and other expenses other than repairs requisite to enable the vessel to proceed on the voyage, are brought into general average, provided the vessel and cargo were saved by the same series of measures during the continuance of the common peril which created the joint necessity for the expenses." 70 Am. Jur. 2d Shipping § 961, at 1069 (1987).
accidental-death benefit
An insurance-policy provision that allows for a payment (often double the face amount of the policy) if the insured dies as a result of some mishap or sudden external force. - Abbr. ADB.
culpable accident
An accident due to negligence. A culpable accident, unlike an unavoidable accident, is no defense except in those few cases in which wrongful intent is the exclusive and necessary basis for liability.
inevitable accident
See unavoidable accident under ACCIDENT. inevitable-accident doctrine See UNAVOIDABLE-ACCIDENT DOCTRINE.
sickness and accident insurance
See health insurance.
sudden-and-accidental pollution exclusion
See pollution exclusion under EXCLUSION (3).
travel-accident insurance
See INSURANCE,
unavoidable accident.
An accident that cannot be avoided because it is produced by an irresistible physical cause that cannot be prevented by human skill or reasonable foresight. 0 Examples include accidents resulting from lightning or storms, perils of the sea, inundations or earthquakes, or sudden illness or death. Unavoidable accident has been considered a means of avoiding both civil and criminal liability. - Also termed inevitable accident; pure accident; unavoidable casualty. Cf. ACT OF GOD."An unavoidable accident is an occurrence which was not intended and which, under all the circumstances, could not have been foreseen or prevented by the exercise of reasonable precautions. That is, an accident is considered unavoidable or inevitable at law if it was not proximately caused by the negligence of any party to the action, or to the accident." W. Page Keeton et al., The Law of Torts § 29, at 162 (5th ed. 1984).Uniform Probate Code § 6-201(5).
unavoidable-accident doctrine
Torts. - The rule holding no party liable for an accident that was not foreseeable and that could not have been prevented by the exercise of reasonable care. ( The modern trend is for courts to ignore this doctrine, relying instead on the basic concepts of duty, negligence, and proximate cause. - Also termed inevitable-accident doctrine.