fortuitous even

FORTUITOUS EVENT. A term in the civil law to denote that which happens by a 
cause which cannot be resisted. Louis. Code, art. 2522, No. 7. Or it is that 
which neither of the parties has occasioned, or could prevent. Lois des Bat. 
Pt. 2, c. 2, Sec. 1. It is also defined to be an unforeseen event which 
cannot be prevented. Dict. de Jurisp. Cas fortuit. 
     2. There is a difference between a fortuitous event or inevitable 
accident, and irresistible force. By the former, commonly called the act of 
God, is meant any accident produced by physical causes, which are 
irresistible; such as a loss by lightning or storms, by the perils of the 
seas, by inundations and earthquakes, or by sudden death or illness. By the 
latter is meant such an interposition of human agency, as is, from its 
nature and power, absolutely uncontrollable. Of this nature are losses 
occasioned by the inroads of a hostile army, or by public enemies. Story on 
Bailm. Sec. 25; Lois des Bat. Pt. 2, c. 2, Sec. 1. 
     3. Fortuitous events are fortunate or unfortunate. The accident of 
finding a treasure is a fortuitous event of the first class. Lois des Bat. 
Pt. 2, c. 2, Sec. 2. 
     4. Involuntary obligations may arise in consequence of fortuitous 
events. For example, when, to save a vessel from shipwreck, it is necessary 
to throw goods overboard, the loss must be borne in common; there arises, in 
this case, between the owners of the vessel and of the goods remaining on 
board, an obligation to bear proportionably the loss which has been 
sustained. Lois des Bit. Pt. 2, c. 2, Sec. 2. See, in general, Dig. 50, 17, 
23; Id. 16, 3, 1; Id. 19, 2, 11; Id. 44, 7, 1; Id. 18, 6, 10 Id. 13, 6, 18; 
Id. 26, 7, 50; Act of God; Accident; Perils of the Sea.