Fortuitous definition

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 loss or damage that is not knowingly about to occur.
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Fortuitous means ‘accidental’
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Examples of Fortuitous in a sentence

  • Fortuitous under spends in budgets will be applied to offset over spends on other budgets.

  • Fortuitous under spends in budgets may be applied to offset over spends on other budgets.

  • 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.

  • Fortuitous accidents and losses, which arise in a wide variety of ways, may have a very significant impact both in humanitarian terms, and in terms of financial cost to the Council.

  • Fortuitous Event is an event which is possible and could possibly occur during the term of the Insurance or whose time of occurrence is not known.Beneficiary is a person designated by the Policyholder who becomes entitled to the benefit as a result of an Insured Event in the event of death of the Insured.Entitled Person is a person who becomes entitled to the benefit as a result of an Insured Event.

  • The Client’s incapacity to access the ING Business Service at any moment, on account of an interruption, malfunction, or delay in the communication services not attributable to the Bank or in the ING Business Service, caused by Force Majeure or in a Fortuitous Case, as defined in the GTC.

  • 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.

  • 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 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.

  • Fortuitous income (deemed to be additional income that in aggregate totals or exceeds £100,000 in a service), cannot be retained within cash limit budgets and must be reported to the Deputy Chief Executive and City Treasurer and then the Executive for consideration of how these additional monies are to be used.


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.

  • Pandemic means any outbreaks, epidemics or pandemics relating to SARS-CoV-2 or COVID-19, or any evolutions, variants or mutations thereof, or any other viruses (including influenza), 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 a rare circumstance in which mass casualties and/or significant property damage has occurred or is imminent (e.g. September 11th, hurricanes, earthquakes greater than 6.1 on the Richter scale)

  • 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 SARS-Cov2 or COVID-19 pandemic, including any resurgence or evolutions or mutations thereof and/or any related or associated outbreaks, epidemics and/or pandemics.

  • 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, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

  • Mental abnormality or "personality disorder" means a congenital or acquired condition that affects

  • 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.

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

  • Unforeseen means not anticipated or expected and occurring after the effective date of coverage.

  • Serious emotional disturbance means a diagnosable mental, behavioral, or emotional disorder affecting a minor that exists or has existed during the past year for a period of time sufficient to meet diagnostic criteria specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and approved by the department and that has resulted in functional impairment that substantially interferes with or limits the minor's role or functioning in family, school, or community activities. The following disorders are included only if they occur in conjunction with another diagnosable serious emotional disturbance:

  • Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance: