supervening

Within a country detachment is governed by the laws of the supervening entity.

Some courts have held that a crime like arson is a "supervening cause" of a victim's injury.

Therefore it was possible to have supervening unenforceability.

However, at law, the intervention of a supervening event renders the defendant not liable for the injury caused by the lightning.

An appeal from a decision in a magistrate's court, it is the leading case on the issue of temporary supervening impossibility of performance.

(b) a supervening illness or natural event.

"Tana did not make us perfect, it is said, for then there could be no growth through triumph over pain and adversity, no supervening transcendence.

This establishes clearly that frustration must be the fault of neither party; any supervening event must be unforeseeable and vitiated by entirely external factors.

Solomon determined that, owing the supervening circumstances, performance was objectively impossible (casus fortuitus), and that the contract should therefore be terminated.

We may never know why the Florida court abandoned its original priority; we only know that all of us must now bear the consequences unless a supervening authority steps in.

(PT) Mr President, there is a new supervening element that is not reflected in the resolution, and I call upon Parliament to join me in expressing our indignation and concern.

The general rule is that the contract will be suspended until the impossibility disappears; if the supervening event goes on for an unreasonably long period of time, the creditor will have the election to cancel.

An important consequence of this approach is that generally the courts have refused to accept that supervening events (ie events subsequent to the time of contract) can render an initially reasonable covenant unenforceable.

He could not, however, without consulting his books and tables, decide the particular trend and import of this supervening influence; though he felt sure that it was most momentous, whether for his bale or welfare.

For if the matter were like any of the supervening forms, then whenever any opposite or entirely different nature was stamped upon its surface, it would take the impression badly, because it would intrude its own shape.

But, when negligence is followed by a natural event of such magnitude that it erases the physical effects of the original negligence, the defendant's liability ceases at the moment in time when the supervening condition occurs.

Relative to the State, the City has "absolutely no control" over the school funding system and while any failings may be considered in determining the remedy, they do not constitute a supervening cause sufficient to decide the case for the State.

Lastly, it is well known to most businessmen that performance of an otherwise enforceable agreement is excused when such performance is prevented by a supervening event such as the issuance of a decree by an administrative agency which prohibits the transaction from going forward.

The door was his last visual impression, for something descended on his head at that moment, and his consciousness was blotted out by the supervening night he had previsioned He had been sand-bagged, very quietly and efficiently, by a twenty-first century thug.

However, due to a supervening change in the state law, the Court vacated the judgment of the Maryland Court of Appeals and remanded the case to allow that court to determine whether the convictions for criminal trespass of twelve African American students should be dismissed.

The opinion, consistent with the Court's practice when a significant supervening change in law has occurred, vacated the criminal convictions of the students and remanded the case back to the Maryland Court of Appeals to allow it to consider whether the convictions should be dismissed under the current state law.

The tenant may be wary of this in case it is used by the landlord to remove the tenant (in a buoyant market) but any dilatoriness on the part of the landlord in reinstating where none of the supervening events applies could be seized upon by the tenant.

Late in 1996, a family booked a holiday in Mauritius, only to find its flight suspended due to a tropical cyclone, and so attempted to cancel its contract with the tour operator and claim damages, on the grounds that the supervening impossibility of performance had brought the contract to an end.