Act of God – As a General Defences under Tort Law

Introduction

An “Act of God” refers to an extraordinary, natural event that is beyond human control and cannot be anticipated or prevented, such as earthquakes, floods, hurricanes, or other severe weather events. Legally, it is used as a defense in cases where harm or damage occurs due to such events, and the responsible party cannot be held liable because the event was unforeseeable and unavoidable. The defense typically applies when the event occurs unexpectedly and exceeds what could be reasonably anticipated, making it impossible for the defendant to prevent or mitigate the consequences.

For the defense to succeed, the event must meet certain criteria, including being an exceptional natural occurrence, and in some cases, it may require that human actions (such as construction or alterations) did not contribute to or exacerbate the situation. Courts often evaluate whether the event was truly extraordinary and whether the defendant could have taken measures to avoid or reduce the harm.

NICOLAS V. MARSLAND – Extraordinary acts of nature

The defendant constructed some ornamental pools. The region experienced unusually heavy rainfall of a magnitude never experienced before. The pools fled causing damage to the claimant’s property. The court held that the defendant should not be liable for the extraordinary acts of nature (act of god) that could not be anticipated.

GREENOCK CORPORATION V. CALEDONIAN RY. – Criticised and revisited Nicolas

The defendants constructed a pool in the bed of a stream changing the natural course of a stream. Heavy rains led to overflowing of the stream at the pool which damaged the claimants’ property. It was alleged that the stream would not have overflown had the pond not been constructed obstructing and changing the course of the stream.

Held that rain cannot be regarded as an Act of God. It was the duty of the defendants to make the claimants secure against any injury which they would not have been prone to had nature not been interfered with. If the course of nature was tampered, it is difficult to prove Act of God.

SLATER V. WORTHINGTON CASH STORES – Proximity of claimant

Claimant, who was driving along a road, skidded on the ice and was severely injured. She alleged that the injury was due to D’s failure to remove the ice which had accumulated on the roof of D’s shop.

The defence of Act of God was not upheld as the action was reasonably foreseeable and was easily preventable by clearing the snow. It was the shopkeeper’s duty

Conclusion

In conclusion, the “Act of God” defense is a legal concept that allows individuals to avoid liability for harm caused by extraordinary natural events. However, its applicability is not always clear-cut. As seen in Nicolas v. Marsland, where the court accepted the defense for an unprecedented rainfall, it may be upheld when the event is truly unforeseeable and beyond human control. In contrast, cases like Greenock Corporation v. Caledonian Ry. and Slater v. Worthington Cash Stores illustrate that the defense may not apply when human actions have altered natural processes or when the event, though severe, is foreseeable and preventable through reasonable measures. Ultimately, whether the defense is successful depends on the specifics of the case, including the nature of the event and the actions (or inactions) of the parties involved.


Mental Incapacity in Contracts – Section 12 of ICA, 1872 – Read!

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NUJS National Disability Law Moot 2025 – India’s 1st Moot on Disability Rights

NUJS National Disability Law Moot 2025 – A Historic Step Toward Inclusive Legal Advocacy

The NUJS National Disability Law Moot 2025 is India’s first national-level moot court competition dedicated solely to the legal rights of persons with disabilities (PwDs). Organized by the prestigious West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, this competition sets a new precedent in legal education by focusing exclusively on disability law.

With a history of hosting top-tier events such as the NUJS-HSF Moot, ADR Mediation Competition, and Para-Invicta, NUJS continues its tradition of promoting inclusivity and justice with this pioneering initiative.

What Is the NUJS National Disability Law Moot 2025 About?

This moot is designed to:

  • Encourage legal scholarship in disability law
  • Highlight critical themes like workplace discrimination, inclusive education, and accessibility
  • Create a national platform for future legal professionals to explore and argue real-world issues under the Rights of Persons with Disabilities Act, 2016

The competition includes:

  • Memorial Qualification Round
  • Offline Oral Rounds at the WBNUJS campus in Kolkata
  • Researcher’s Test for qualifying teams

Key Dates and Deadlines

EventDate
Registration OpensMay 30, 2025
Clarification DeadlineJune 25, 2025
Registration ClosesJune 30, 2025
Memorial SubmissionJuly 12, 2025
Oral Round ShortlistJuly 21, 2025
Oral Rounds at WBNUJSAugust 21–24, 2025

Eligibility & Team Composition

  • Open to undergraduate law students in any Indian university
  • 2 to 3 members per team
  • Cross-college teams allowed
  • No cap on the number of teams per institution
  • Postgraduate students are not eligible

Awards & Recognition

The NUJS National Disability Law Moot 2025 offers extensive awards, including:

  • Winning, Runners-Up & Second Runners-Up Teams
  • Best Advocate (Prelims and Overall)
  • Best Memorials (Petitioner & Respondent)
  • Best Researcher & Runner-Up
  • Certificates for Semi- and Quarter-Finalists
  • Participation certificates for all teams

Registration Fees & Optional Accommodation

  • Memo Round Fee: ₹2,500/team
    • ₹2,100 for teams with at least one PwD participant
  • Oral Round Fee (for shortlisted teams): ₹2,000
  • Accommodation (optional): ₹5,500/team (August 21–24)

Payment Details:

  • Account Name: Student Juridical Association
  • Account No: 520101246976299
  • IFSC Code: UBIN0906638
  • Bank: Union Bank, NUJS Branch, Salt Lake, Kolkata

Registration Process

  1. Fill the official Google Form: https://forms.gle/sZHKXriWTy4EEfGL8
  2. Email the following to nationaldisabilitymoot@nujs.edu:
    • Names, Years, and Institutions of team members
    • College ID Cards
    • Payment screenshot

Contact Details

  • Email: nationaldisabilitymoot@nujs.edu
  • Chair: Kinjal Das – +91 75959 65675
  • Deputy Chairs:
    • Anushka Maji – +91 86174 78308
    • Saarthak Samadder – +91 94330 48880
  • Board of Directors:
    • Ritika Amlajiya – +91 80943 45186
    • Shubhankar Singha – +91 96797 30493

Final Words

The NUJS National Disability Law Moot 2025 is not just another moot—it’s a platform for change. By promoting awareness of the challenges faced by PwDs through legal debate, WBNUJS is nurturing future lawyers who will lead the way in accessibility and justice.

Don’t miss this opportunity to be part of history. Register today and join us in Kolkata for a groundbreaking legal experience.


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Legal Internship : Thyrocare Technologies Limited (PharmEasy)

If you’re a law student looking to gain practical legal experience, Thyrocare Technologies Limited, a part of the PharmEasy group, offers a great opportunity. This legal internship provides hands-on experience with healthcare legal processes, making it a perfect chance to explore this growing industry.

Location:
Ghatkopar/Turbe, Maharashtra

Duration:
The internship runs for 2 months. Depending on your performance, the duration may extend further.

Eligibility Criteria:
The legal internship at Thyrocare Technologies Limited is open to students in their 5th year of a 5-year LLB program and those in the 3rd year of a 3-year LLB program. Since only two positions are available, applying quickly increases your chances.

Stipend:
You will receive a stipend during the internship.

Application Details:
To apply, send your resume directly to Anubha Saini at anubha.saini@pharmeasy.in. It’s important to apply as soon as possible because applications are accepted on a rolling basis.

Why You Should Apply:
An internship at Thyrocare Technologies Limited gives you the chance to gain valuable experience in healthcare and pharmaceutical legal work. You will handle real legal cases, tackle regulatory compliance issues, and participate in contract reviews. Additionally, this experience will enhance your resume and prepare you for careers in corporate or health law.

Moreover, an internship at Thyrocare Technologies Limited connects you with professionals who can offer industry insights and networking opportunities. If you want to kick-start your legal career in healthcare, this is the right opportunity.

Apply now to secure your place at Thyrocare Technologies Limited (PharmEasy) and gain legal expertise in this growing sector.


Legal Internship at APEX Acreages Pvt. Ltd – Apply Now!

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