Fortuitous definition

Fortuitous means loss or damage that is not knowingly about to occur.
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Fortuitous means happening by chance or accident, or occurring unexpectedly or without known cause. Johnson Press of America, Inc. v. Northern Insurance Co. of New York, 339 Ill. App. 3d 864, 872 (2003). The Restatement of Contracts defines a fortuitous event as one that, as far as the parties are aware, is dependent on chance. Johnson Press, 339 Ill. App. 3d at 872, citing Restatement of Contracts §291, Comment a, 430-31 (1932). “The determination of whether a loss is fortuitous is a legal question for the court to determine.” Johnson Press, 339 Ill. App. 3d at 872.
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Fortuitous means ‘accidental’
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Examples of Fortuitous in a sentence

  • The termination will not exempt the Parties from complying with obligations that existed prior to the situation of Force Majeure or Fortuitous Event.

  • Neither Party shall be liable to the other for a breach of its contractual obligations where that is due to an event of Force Majeure or a Fortuitous Event, as provided for in article 1105 of the Civil Code.

  • Failure to deliver for thirty (30) consecutive and successive days due to circumstances other than those falling under Article XIV, “No Liability in Cases of Fortuitous Events or Force Majeure”.

  • The Construction Manager hereby waives any and all claims for additional compensation or monetary damages arising out of or related to any such delay or interference caused by a Fortuitous Event, including, but not limited to, claims for additional Staffing and Site Office Costs or Fee; claims for extended general conditions costs; claims for delay damages, interference damages, impact damages, acceleration damages; and/or any other form of time-related damages.

  • The CMAR contractor hereby waives any and all claims for additional compensation or monetary damages arising out of or related to any such delay or interference caused by a Fortuitous Event, including, but not limited to, claims for additional Staffing and Site Office Costs or Fee; claims for extended General Conditions costs; claims for delay damages, interference damages, impact damages, acceleration damages; and/or any other form of time-related damages.

  • MCWD shall without notice, impose a penalty of one hundred percent (100%) of the Contract Price per cubic meter for SHORT DELIVERY (SD), or delivery below the minimum hourly flow rate, except if attributable to force majeure as defined in Article XIV - “No Liability in Cases of Fortuitous Events or Force Majeure” and computed as follows: Penalty (SD) = (Contract Price per cu.

  • The Party that invokes the occurrence of a Force Majeure, Fortuitous Event or Releasing Event, must give notice to the other Party of such situation, with the start date and time, in an immediate manner by phone, and in writing one business day after the occurrence of the event, submitting the evidences of the occurrence of the event.

  • The Party notified of the Force Majeure, Fortuitous Event or Releasing Event may request the submission of additional information to support such declaration, and the affected Parte must send it within five (5) business days after the request was first made.

  • This right will be valid until three (3) months after the end of the Fortuitous or Force Majeure Event.

  • The Party that invokes the occurrence of a Force Majeure, Fortuitous Event or Releasing Event must use its best efforts to cure the cause that led to its declaration, and it will inform the other Party of the date and hour in which the event was overcame.


More Definitions of Fortuitous

Fortuitous means “by chance” or “accidental,” not “fortunate” (e.g. “Marshall Sahlins argues that Captain Cook’s fortuitous arrival in February, after the Makahiki festival had ended, led to his death, because the Hawaiians, mistaking Cook for the God, Lono, killed him to restore cosmic order”).
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Fortuitous means happening by chance or accident or occurring unexpectedly or without known cause.”); Terraces Condo. Ass'n, 2022 WL 847478, at *4 (“[T]he insured’s burden of showing a fortuitous loss is ‘not a particularly onerous one.’”). It is also undisputed that the Policy was in effect at the time. Thus, the Redmonds have met their burden in showing a prima facie case.
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Related to Fortuitous

  • Severe or "extraordinary" condition is defined as serious or extreme and/or life threatening.

  • Landslide means episodic down slope movement of a mass of soil or rock that includes, but is not limited to, rock falls, slumps, mudflows, and earth flows.

  • Epidemic means a sudden development and rapid spreading of a contagious disease in a region where it developed in a simply endemic state or within a previously unscathed community.

  • Sabotage means deliberate damage, with malevolent intent, to a category 1 or category 2 quantity of radioactive material, a device that contains a category 1 or category 2 quantity of radioactive material, or the components of the security system.

  • Unavoidable means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.

  • Severe Intellectual Disability means a level of functioning severely below age expectations whereby in a consistent basis the student is incapable of giving evidence of understanding and responding in a positive manner to simple directions expressed in the child's primary mode of communication and cannot in some manner express basic wants and needs.

  • Pandemic means any outbreaks, epidemics or pandemics relating to SARS-CoV-2 or COVID-19, or any evolutions or mutations thereof, and the governmental and other responses thereto.

  • Unforeseeable means not reasonably foreseeable by an experienced contractor by the Base Date.

  • Force Majeure Events means acts of war, domestic and/or international terrorism, civil riots or rebellions, quarantines, embargoes and other similar unusual governmental actions, extraordinary elements of nature or acts of God.

  • Site Control means that Seller (a) owns the Site, (b) is the lessee of the Site under a Lease, (c) is the holder of a right-of-way grant or similar instrument with respect to the Site, or (d) is managing partner or other Person authorized to act in all matters relating to the control and Operation of the Site and Generating Facility.

  • Control means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise. “Controlling” and “Controlled” have meanings correlative thereto.

  • Catastrophic Event : means an unforeseen event of biotic or abiotic nature caused by human action that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming or forestry sectors;

  • Core academic subjects means English, reading or language arts, mathematics, science, foreign languages, civic and government, economics, arts, history, and geography.

  • COVID-19 Pandemic means the epidemic, pandemic or disease outbreak associated with COVID-19.

  • Catastrophic illness or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off.

  • Services Interruption Event means any interruption to a Works caused by; a Force Majeure Event, the Customer’s failure to carry out or perform any obligation required of it under this agreement which in the sole opinion of the Company does or may cause a delay in the Works and any other matter which in the reasonable opinion of the Company will cause an interruption or delay in the performance of the Works;

  • Cognitive Impairment means a deficiency in a person’s short-term or long-term memory; orientation as to person, place, and time; deductive or abstract reasoning; or judgment as it relates to safety awareness.

  • Force Majeure Event means an event beyond the reasonable control of any party including an outbreak of a serious disease or epidemic, or quarantine or other public health emergencies, fire, flood, earthquake, explosion or other casualty or accident or act of God, or war or other violence, strike, lock-out, labour dispute, acts of any governmental body, war, insurrection, sabotage, embargo, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or inability to obtain raw materials, supplies or power.

  • Mental abnormality means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

  • Severe neglect means neglect that causes or threatens to cause serious harm to a

  • Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

  • Material and Substantial Duties means responsibilities that are normally required to perform your Own Occupation, or any other occupation, and cannot be reasonably eliminated or modified.

  • Uncontrollable Forces means any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Substantial Performance means the stage of completion when:(a) all Work, as certified by the Contract Administrator, is capable of completion or correction at a cost of not more than:

  • Substantial disruption means without limitation that any one or more of the following occur as a result of the bullying: