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MISFORTUNE

Volume 7 · 168 words · 1778 Edition

An unlucky accident.

chance, in law, a deficiency of the will; or committing of an unlawful act by misfortune or chance, and not by design. In such case, the will observes a total neutrality, and does not co-operate with the deed; which therefore wants one main ingredient of a crime. See Crime.

Of this, when it affects the life of another, we have spoken under the article Homicide; and in this place have only occasion to observe, that if any accidental mischief happens to follow from the performance of a lawful act, the party stands excused from all guilt: but if a man be doing any thing unlawful, and a consequence ensues which he did not foresee or intend, as the death of a man or the like, his want of foresight shall be no excuse; for, being guilty of one offence, in doing antecedently what is in itself unlawful, he is criminally guilty of whatever consequence may follow the first misbehaviour.

MISFEASANCE, in law-books, signifies a trespass.