Legal Definitions - incident

In legal contexts, "incident" can describe something that is dependent upon, subordinate to, or arises out of another, often more significant, matter. It can also refer to a distinct occurrence or happening, or a consequential part of a larger event or legal action.

In legal terms, "incident" can refer to two main concepts:

• A specific event or occurrence: This refers to a distinct happening, often one that is noteworthy or has legal implications.
• Something connected or subordinate: This describes a right, duty, or consequence that naturally accompanies, arises from, or is dependent upon a primary right, status, or situation. It's a secondary element that is inherently linked to a more significant one.

Here are some examples to illustrate these meanings:

• Example 1 (Specific Event): A retail store reported a shoplifting incident to the police, providing security footage as evidence.

  Explanation: Here, "incident" refers to a particular event or happening—the act of shoplifting—that occurred and required a specific response from the store and law enforcement.

• Example 2 (Connected Right): The right to receive royalty payments is often incident to holding the copyright for a published book.

  Explanation: This illustrates how the right to receive royalties is a natural and dependent consequence that arises directly from the primary right of owning the copyright. It's a secondary benefit inherently linked to the main ownership.

• Example 3 (Connected Obligation): The obligation to pay property taxes is an incident of real estate ownership.

  Explanation: This demonstrates that paying property taxes is a duty that is inherently linked to and arises from the primary status of owning real estate. It's a subordinate but essential part of property ownership.