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 ?
"The conditions set for a supervening condition are merely prescriptive and should not exclude serious allegations of hunger," Mendoza pointed out.
'Whereas, at this time, there is no showing of supervening conditions which would merit a review of the minimum wage rates,' RTWPB-NCR said in its new issuance signed on June 7.
- Achievement of a finalized global settlement that extends the construction schedule without significantly shifting risk of supervening events to the project company would result in an affirmation of the 'BBB+' rating and assignment of a Stable Outlook.
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." And Shoemaker, in discussing Parfit's claim that identity consists in psychological connectedness and continuity, insists that consisting in must be something stronger than supervening on (143--44).
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.
Section (20)(10)(10)2(12)(b) sets forth the definition of a "supervening event." Subsection 2 includes the following example --
'As a rule, a petition should be entertained by the board only for one reason -if there exists any supervening conditions,' it added.
Labor Undersecretary Ciriaco Lagunzad III said the regional tripartite board will entertain the new wage petition if there is a "supervening condition."
Its maintenance of the Negative Watch reflects continued uncertainty regarding the agreement between the Commonwealth of Kentucky (the Commonwealth), the concessionaire, and the design build (DB) contractors to remedy outstanding supervening events by extending the project's construction schedule and covering added costs.
With this procurement is to fulfill the need to obtain the best condition of the property, real and personal property, plant, equipment, ornamental elements, signaling and any other component of the infrastructure of the General Hospital Universitario Reina SofE[degrees]a, so remain in a state of total availability under conditions of maximum reliability and safety, and the need for adequate logistical support to address the urgent and emergency situations regarding supervening on any of the elements or units that make up the object infrastructure maintenance service to be provided.
For whatever reason, Ben finds the notion of non-supervening chances unacceptable, and for whatever reason Felix finds the notion of supervening chances just as unacceptable.
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 Institute recommended that the regulations be revised to provide that no penalty will be imposed when, for example, a filer suffers a fire that destroys all business records one week before the due date.