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.

References in periodicals archive ?
When the researchers gave the babies new information about the surprising ball, the babies learned significantly better.
The example of the honeysuckle hedgerow and bird habitats from Chicago's Montrose Park shows that humans will make non-rational decisions when faced with surprising events.
"We are glad to host the eighth draw of 'Surprising Millions' this week.
However, the surprising behaviour of complex dynamical systems, including the probability of abrupt climate change and the broader implications, are not widely appreciated.
What the adjective "surprising" adds to "strange" is affect--the emotional response activated by the extraordinary, the foreign, or the inexplicable.
However, it also held surprises: A lot of dinosaurs would have looked really strange because they were completely feathered--like the recently discovered tyrannosaur, which we named Dilong paradoxus, meaning "surprising emperor dragon." It wasn't the first feathered dinosaur discovered, but it was the first tyrannosaur ever found with primitive feathers.
Do we really think that Beijing is going to tell the Chinese banks to go ahead and take the sell side of these bets and then damage their own banks by surprising them with a dramatic announcement?
Surprising Edge: Trouncing the French time and time again.
In reality, the bloom is already off the boom in Japan's surprising stock market rally to date, and for reasons including but not limited to the recent elections.
Although the broader cultural argument of the book remains somewhat underdeveloped, the readings of the plays are compelling and sophisticated, and Berry's practice of setting them alongside works like George Gascoigne's The Noble Art of Venery produces genuinely surprising insights.
The hotly contested debate about continuing to include records center compartmentation in the upcoming revision of the National Fire Protection Association (NFPA) NFPA 232 Standard for the Protection of Records 2000 Edition took two surprising twists late last month.
The invention began with Jonathan Edwards's A Faithful Narrative of the Surprising Work of God and continued with Thomas Prince's Christian History and John Gillies's Historical Collections.