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Call Now: 904-383-7448An accident relievable in equity is an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the contract was entered into, which gives an undue advantage to one of them over another in a court of law.
(Orig. Code 1863, § 3045; Code 1868, § 3057; Code 1873, § 3112; Code 1882, § 3112; Civil Code 1895, § 3968; Civil Code 1910, § 4565; Code 1933, § 37-201.)
An accident in its strict sense implies the absence of negligence for which no one would be liable. Richter v. Atlantic Co., 65 Ga. App. 605, 16 S.E.2d 259 (1941).
In its proper use the term accident excludes negligence; that is, an accident is an event which occurs without the fault, carelessness, or want of proper circumspection of the person affected, or which could not have been avoided by the use of that kind and degree of care necessary to the exigency and in the circumstances in which he was placed. Richter v. Atlantic Co., 65 Ga. App. 605, 16 S.E.2d 259 (1941).
Voluntary dismissal of claims with prejudice was not a contract and, thus, this section and § 23-2-21 did not apply to authorize setting aside the dismissal. Kent v. State Farm Mut. Auto. Ins. Co., 233 Ga. App. 564, 504 S.E.2d 710 (1998).
Cited in Williamson v. Floyd County Wildlife Ass'n, 215 Ga. 789, 113 S.E.2d 626 (1960); Tripp v. Conner, 220 Ga. 2, 136 S.E.2d 744 (1964); Finch v. McAloney, 222 Ga. 174, 149 S.E.2d 100 (1966); Gay v. AMOCO, 115 Ga. App. 18, 153 S.E.2d 612 (1967); Humble Oil & Ref. Co. v. Mitchell, 230 Ga. 323, 197 S.E.2d 126 (1973); Kidd v. Kidd, 237 Ga. 232, 227 S.E.2d 259 (1976); Rose v. Cain, 247 Ga. App. 481, 544 S.E.2d 453 (2001); Beasley v. Wachovia Bank, 277 Ga. App. 698, 627 S.E.2d 417 (2006).
- 27 Am. Jur. 2d, Equity, § 44.
- 30 C.J.S., Equity, § 44 et seq.
- Right to recover back in an action at law money paid upon an existing judgment, procured by or grounded on fraud or mistake, 9 A.L.R. 400.
Insurance: death or injury resulting from insured's voluntary act as caused by accident or accidental means, 42 A.L.R. 243, 45 A.L.R. 1528, 71 A.L.R. 1437, 111 A.L.R. 628.
Mistake, accident, inadvertence, etc., as ground for relief from termination or forfeiture of oil or gas lease for failure to complete well, commence drilling, or pay rental, strictly on time, 5 A.L.R.2d 993.
Rupture of blood vessel following exertion or exercise as within terms of accident provision of insurance policy, 35 A.L.R.2d 1105.
Power of equity court to reach or to sequester, for seizure and sale, beneficial equitable interests in corporate stock shares, 42 A.L.R.2d 920.
Repeated absorption of poisonous substance as "accident" within coverage clause of comprehensive general liability policy, 49 A.L.R.2d 1263.
Accident insurance: death or injury intentionally inflicted by another as due to accident or accidental means, 49 A.L.R.3d 673.
No results found for Georgia Code 23-2-20.