What is a fortuitous event?

In legal terms, the term «fortuitous event» refers to an unforeseeable event that, had it been foreseen, damage could have been avoided. It does not lead to legal liability.

That is, an unforeseen event that occurs by chance and prevents the fulfillment of an obligation.

For example, Ana is a responsible driver who is in a car accident when lightning strikes a tree and knocks it down onto the road, causing damage to her vehicle and minor injuries. In this case, the lightning strike is considered a fortuitous event, freeing Ana from legal responsibility for the accident.

Related concepts

• What is the difference between fortuitous event and force majeure?
• Force majeure
• Excessive hardship
• Rebus Sic Stantibus Clause