| slovo | definícia |
FIRE ACCIDENTAL
(bouvier) | FIRE ACCIDENTAL. One which arises in consequence of some human agency,
without any intention, or which happens by some natural cause, without human
agency.
2. Whether a fire arises purely by accident, or from any other cause
when it becomes uncontrollable and dangerous to the public, a man may, in
general, justify the destruction of a house on fire for the protection of
the neighborhood, for the maxim salus populi est suprema lex, applies in
such case. 11 Co. 13; Jac. Inter. 122, max. 115. Vide Accident; Act of God,
and 3 Saund. 422 a, note 2; 3 Co. Litt. 57 a, n. 1; Ham. N. P. 171; 1
Cruise's Dig. 151, 2; 1 Vin. Ab. 215; 1 Rolle's Ab. 1; Bac. Ab. Action on
the case, F; 2 Lois des Batim. 124; Newl. on Contr. 323; 1 T. R. 310, 708;
Amb. 619; 6 T. R. 489.
3. When real estate is let, and the tenant covenants to pay the rent
during the term, unless there are proper exceptions to such covenants, and
the premises are afterwards destroyed by fire, during the term, the rent
must be paid, although there be no enjoyment; for the common rule prevails,
res perit domino. The tenant, by the accident, loses his term, the landlord,
the residence. Story, Eq. Jur. Sec. 102.
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