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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CNLU National Mediation Competition 2025

The Chanakya Centre for Alternative Dispute Resolution (CCADR) at Chanakya National Law University (CNLU), Patna, proudly announces the Third Edition of the CNLU National Mediation Competition 2025. Following the success of previous editions, this prestigious event continues to inspire innovation and excellence in Alternative Dispute Resolution (ADR), fostering a robust mediation culture among law students across the nation.

Event Format and Key Dates

This year’s competition will feature a hybrid format, blending the convenience of virtual engagement with the dynamism of in-person rounds:

  • Virtual Rounds (Prelims & Quarterfinals): January 24-25, 2025
  • Offline Rounds (Semifinals & Finals): February 16, 2025, hosted on CNLU’s Patna campus.

Participants will navigate through meticulously designed mediation simulations judged by renowned practitioners, academics, and mediators, offering unmatched practical exposure to ADR processes.

Registration and Eligibility

Open to law students enrolled in LLB programs at Bar Council of India-recognized institutions, the competition mandates teams of three: a mediator and a client-counsel pair. With only 24 team slots available, registration is highly competitive. Don’t miss the deadline—January 8, 2025!

Awards and Opportunities

The competition boasts an impressive prize pool, including ₹63,000 in cash awards, trophies, and exclusive internships with ADR-focused organizations. Top mediators and negotiating teams will also earn certificates and accolades that set them apart in their legal careers.

What’s in it for Participants?

More than a contest, the CNLU National Mediation Competition 2025 is an immersive learning journey. Here’s why you should join:

  • Skill Development: Sharpen your negotiation, problem-solving, and mediation expertise.
  • Professional Networking: Build connections with ADR experts and like-minded peers from across India.
  • Mentorship Opportunities: Gain insights from leading ADR professionals during the competition.

How to Get Involved

For detailed guidelines, key dates, and updates, visit the CCADR website. Got questions? Reach out to the organizing committee for assistance.

Be part of a transformative journey in dispute resolution. Join the CNLU National Mediation Competition 2025 and contribute to creating a legacy of harmony and dialogue!


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