Surprise


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Surprise

An unexpected action, sudden confusion, or an unanticipated event.

As a ground for a new trial, surprise means the condition in which a party to a lawsuit is unexpectedly placed and that is detrimental to that party's case. The situation must be one that the party could not reasonably have anticipated and that could not be guarded against or prevented.

When a party is taken by surprise by the testimony of his or her own witness, the party may be permitted to discredit the witness by showing that the witness made prior contradictory or inconsistent statements.

SURPRISE. This term is frequently used in courts of equity and by writers on equity jurisprudence. It signifies the act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Bro. Ch. R. 150; 1 Story, Eq. Jur. Sec. 120, note. Mr. Jeremy, Eq. Jur. 366, seems to think that the word surprise is a technical expression, and nearly synonymous. with fraud. Page 383, note. It is sometimes, used in this sense when it is deemed presumptive of, or approaching to fraud. 1 Fonb. Eq. 123 3 Chan. Cas. 56, 74, 103, 114. Vide 6 Ves. R. 327, 338; 2 Bro. Ch. R. 826; 16 Ves. R. 81, 86, 87; 1 Cox, R. 340; 2 Harr. Dig. 92.
     2. In practice, by surprise is understood that situation in which a party is placed, without any default of his own, which will be, injurious to his interest. 8 N. AS. 407. The courts always do everything in their power to relieve a party from the effects of a surprise, when he has been diligent in endeavouring to avoid it. 1 Clarke's R. 162; 3 Bouv. Inst. n. 3285.

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Surprise! with new product launches including the L.O.L.
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The result is the biggest surprise of an intriguing finals to date, in which favourites including Brazil, Spain and France have struggled for top form, while 2014 finalists Argentina only scraped through thanks to a last-gasp win over Nigeria.Udinese man Behrami, who spent three years with West Ham, says fact any team appears capable of upsetting the odds makes these finals similar to England's top flight.
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