An accident relievable in equity is an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the contract was entered into, which gives an undue advantage to one of them over another in a court of law.
(Orig. Code 1863, § 3045; Code 1868, § 3057; Code 1873, § 3112; Code 1882, § 3112; Civil Code 1895, § 3968; Civil Code 1910, § 4565; Code 1933, § 37-201.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, § 44.
C.J.S.- 30 C.J.S., Equity, § 44 et seq.
ALR.
- Right to recover back in an action at law money paid upon an existing judgment, procured by or grounded on fraud or mistake, 9 A.L.R. 400.
Insurance: death or injury resulting from insured's voluntary act as caused by accident or accidental means, 42 A.L.R. 243; 45 A.L.R. 1528; 71 A.L.R. 1437; 111 A.L.R. 628.
Mistake, accident, inadvertence, etc., as ground for relief from termination or forfeiture of oil or gas lease for failure to complete well, commence drilling, or pay rental, strictly on time, 5 A.L.R.2d 993.
Rupture of blood vessel following exertion or exercise as within terms of accident provision of insurance policy, 35 A.L.R.2d 1105.
Power of equity court to reach or to sequester, for seizure and sale, beneficial equitable interests in corporate stock shares, 42 A.L.R.2d 920.
Repeated absorption of poisonous substance as "accident" within coverage clause of comprehensive general liability policy, 49 A.L.R.2d 1263.
Accident insurance: death or injury intentionally inflicted by another as due to accident or accidental means, 49 A.L.R.3d 673.