Supervening


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Related to Supervening: postliminary

Supervening

Unforeseen, intervening, an additional event or cause.

A supervening cause is an event that operates independently of anything else and becomes the proximate cause of an accident.

For an event to fall within the doctrine of supervening Negligence, also known as Last Clear Chance, four conditions must be satisfied. These conditions are that the injured party has already come into a perilous position; the tortfeasor in the exercise of ordinary prudence becomes or ought to have become aware that the party in peril cannot safely avoid injury; the tortfeasor has the opportunity to save the other person from harm; and he or she fails to exercise such care.

References in periodicals archive ?
A supervening condition includes any extraordinary increase in prices of petroleum products and basic goods/services for a prolonged period.
Delays and potential cost overruns are currently expected to be mitigated via supervening events under the PA; inadequate scheduling and cost relief from the Commonwealth could result in a downward revision to Weaker.
Parfit's response (1995, 33) to Johnston turns on the claim that consisting in is more than supervening on, being instead a "closer and partly conceptual relation.
So whether or not being conscious is intrinsic, we must reject the intuitively compelling picture of significant differences in being conscious supervening on relevant and correspondingly significant microphysical differences.
Under the rules, a RTWPB is not allowed to adjust worker's salaries for a year after an increase is implemented, unless it finds that supervening conditions exists.
Calling the two-week standard "arbitrary," TEI stated that "[i]t blithely ignores the fact that a supervening event preventing the availability of records could occur far less than two weeks before the due date of the return but nevertheless preclude timely filing.
The appeals court, in the decision, said the departure of Menorca and his family was the supervening event that rendered the case moot and academic.
InfoCamere reserves the right to terminate the hire of some cars, at any time up to a maximum of 20 units, for supervening organizational needs.
Because the one year grace period lapsed, labor sector representative Jose Tumongha said there is not more need to discuss whether or not there is a supervening condition that would warrant an increase.
In light of this supervening event, we opined that whatever relief we grant to petitioner in this case whether we will restrain, enjoin or nullify his preventive suspension, the same will no longer serve any practical value, the resolution stated.
It has already been one year after the last increase was approved and another labor sector representative, Ernesto Carreon, said the wage board will no longer discuss whether or not there is a supervening condition that would warrant the approval of a wage increase.
The Court denied the petition for certiorari and prohibition with prayers for injunctive or status quo ante relief challenging the Sandiganbayans orders to preventively suspend Senator Enrile on the ground that it was moot ad academic due to supervening events," Te said at a press conference Wednesday.