Law of Torts
Inevitable Accident
TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE
Dr. Tanmoy Mukherjee
[Advocate]
Inevitable Accident:
Tanmoy Mukherjee
Advocate
Definition-
- Accident means an unexpected injury and if the same could not have been foreseen and avoided, in spite of reasonable care on the part of the defendant, it is inevitable accident.
- It is a good defence if the defendant can show that he neither intended to injure the plaintiff nor could he avoid the injury by taking reasonable care.
Essential Elements
- Unavoidable despite reasonable care
The defendant must prove that they took all possible precautions that a reasonable person would have taken.
- No negligence
There should be no negligence or wrongful act on the part of the defendant.
- Unforeseeable event
The event must be something that a reasonable person could not foresee or prevent.
The cases relating to inevitable accident are as follows-
