英文法律词典 A-39

ACCESSORY CONTRACT. one made for assuring the performance of a prior contract, either by the same parties, or by others; such as suretyship, mortgages, and pledges.

2. It is a general rule, that payment of the debt due, or the performance of a thing required to be performed by the first or principal contract, is a full discharge of such accessory obligation. Poth. Ob. part. 1, c. 1, s. 1, art. 2, n. 14. Id. n. 182, 186. See 8 Mass. 551; 15 Mass. 233; 17 Mass. 419; 4 Pick. 11; 8 Pick. 522.

3. An accessory agreement to guaranty an original contract, which is void, has no binding¹ effect. 6 Humph. 261. ACCIDENT. The happening of an event without the concurrence² of the will of the person by whose agency it was caused or the happening of an event without any human agency; the burning of a house in consequence of a fire being made for the ordinary purpose of cooking or warming the house, which is an accident of the first kind; the burning of the same house by lightning would have been an accident of the second kind. 1 Fonb. Eq. 374, 5, note.

2. It frequently happens that a lessee³ covenants⁴ to repair, in which case he is bound to do so, although the premises⁶ be burned down without his fault. 1 Hill. Ab. c. 15, s. 76. But if a penalty be annexed⁷ to the covenant⁵, inevitable⁸ accident will excuse the former, though not the latter. 1 Dyer, 33, a. Neither the landlord nor the tenant⁹ is bound to rebuild a house burned down, unless it has been so expressly agreed. Amb. 619; 1 T. R. 708; 4 – Paige, R. 355; 6 Mass. R. 67; 4 M'Cord, R. 431; 3 Kent, Com. 373.

3. In New Jersey¹⁰, by statute¹¹, no action lies against any person on the ground that a fire began in a house or room occupied by him, if accidental. But this does not affect any covenant. 1 N. J. Rev¹². C. 216.

ACCIDENT, practice. This term in chancery jurisprudence, signifies such unforeseen events, misfortunes, losses, acts or omissions¹³, as are not the result of any negligence¹⁴ or misconduct in the party. Francis' Max. M. 120, p. 87; 1 Story on Eq. 78. Jeremy defines it as used in courts of equity¹⁵, to be " an occurrence in relation to a contract, which was not anticipated by the parties, when the same was entered into, and which gives an undue¹⁶ advantage to one of them over the other in a court of law." Jer. on Eq. 358. This definition is objected to, because as accident may arise in relation to other things besides contracts, it is inaccurate¹⁷ in confining accidents to contracts; besides, it does not exclude cases of unanticipated occurrences, resulting from the negligence or misconduct of the party seeking relief. 1 Story on Eq. 78, note 1.

2. In general, courts of equity will relieve a party who cannot obtain justice in consequence of an accident, which will justify¹⁸ the interposition of a court of equity. The jurisdiction¹⁹ being concurrent²⁰, will be maintained only, first, when a court of law cannot grant suitable relief; and, secondly²¹, when the party has a conscientious²² title to relief.

3. Many accidents are redressed²³ in a court of law; as loss of deeds, mistakes in receipts and accounts, wrong payments, death, which makes it impossible to perform a condition literally²⁴, and a multitude of other contingencies²⁵; and many cannot be redressed even in a court of equity; is if by accident a recovery is ill suffered, a contingent²⁶ remainder destroyed, or a power of leasing omitted in a family settlement. 3 Bl. Comm. 431. Vide, generally, Com. Dig. Chancery, 3 F 8; 1 Fonb. Eq. B. 1, c. 3, s. 7; Coop. Eq. PI. 129; 1 Chit. Pr. 408; Harr. Ch. Index, h. t.; Dane's Ab. h. t.; Wheat. Dig. 48; Mitf. Pl. Index, h. t.; 1 Madd. Ch. Pr. 23; 10 Mod. R. 1, 3; 3 Chit. Bl. Com. 426, n.