ACT OF GOD
In Latin, Act of God is termed Vis major which literally means, ‘superior force or act of god’. It describes a "superior force" that causes damage that isn't caused by nor preventable by humans.
Vis major is a defence under the Law of Tort (civil cases). It includes all direct acts of nature, the violence of which could not reasonably have been foreseen, controlled, or guarded against.
The act is accepted legally as being outside human control and it usually restricts or eliminates culpability for injuries, damages, and losses.
Act of God is categorized major results from natural causes, such as a hurricane, tornado, or earthquake, or floods, and without the intervention of human beings. It is a loss that could not have been prevented by diligence or by having taken precautions.
Loci Classici ( classic cases or examples) on Act of God are the cases of Nichols v Marsland and Blyth v. Birmingham Water Works Company.
The respondent in Nichols v Marsland [(1876) 2 ExD 1]has a number of man-made lakes on his property. Extraordinary rain, the likes of which had never been seen in living memory, forced the banks of the lakes to breach, and the fleeing water washed away four of the petitioner’s bridges. The plaintiff’s bridges were swept away by an act of God, and the defendant was found not to be accountable.
The defendants in the case of Blyth v. Birmingham Water Works Co. (1856) 11 Ex Ch 781, built water pipes that were fairly sturdy enough to survive the severe cold. That year, there was an unusually harsh frost, which caused the plaintiff’s pipes to break, inflicting extensive damage to his property.
Though the frost is a normal occurrence, the development of an unanticipated severe frost might be imputed to be an act of God, absolving the defendants of all obligation.
While there are many events in regular life that may seem to be extraordinary, the law considers them all to be part of the normal course of human experience and therefore not covered by the doctrine of act of God. The question of whether an event is an Act of God can be a difficult one to answer. Although the term is often listened to, in some cases it has been found that damage that was caused by an Act of God can be claimed under the general average adjustment of a claim.
FROM THE DIRECTORATE OF RESEARCH
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