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 ?
OEHHA also submitted evidence of supervening MTBE hearings and the extensive public hearings consistent with Dr.
3) the unavailability was caused by a supervening event.
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.
Such circumstances shall include, but not be limited to, severe weather conditions, fire, flood, earthquake, volcanic eruption, industrial dispute, war, riots, acts of God or supervening legislation.
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.