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Understanding the Act of God Defence
The Act of God defence serves as a valid means of defence, particularly within the framework of strict liability, such as in the landmark case of Rylands v. Fletcher.
This defence essentially portrays an instance of inevitable accident, but with a distinct characteristic: the resultant loss stems from natural forces beyond human control, such as heavy rainfall, storms, tempests, tides, and volcanic eruptions.
Defining Act of God
As elucidated in Halsbury’s Laws of England, an Act of God is an extraordinary occurrence or circumstance that couldn't have been foreseen or prevented. It denotes an accident caused by natural forces, entirely without human intervention, and beyond reasonable anticipation or prevention. Crucially, the event must not arise from human action but rather from natural phenomena.
Essential Criteria for Act of God
For the Act of God defence to hold, two crucial elements must be present:
Working of Natural Forces: The incident must result from the operation of natural forces alone, devoid of any human intervention. Legal precedents, such as Ramajinga Nadar v. Narayan Reddiar, emphasise the distinction between accidents caused solely by natural forces and those influenced by human agency.
Extraordinary Occurrence: The event must be exceptional, beyond what could reasonably be anticipated or guarded against. For instance, in Nichols v. Marsland, the court ruled in favour of the defendant due to the extraordinary nature of the heavy rainfall, which resulted in unforeseeable consequences.
Limits and Interpretations
While the Act of God defence provides legal protection against certain events, its applicability is not universal. Normal or foreseeable occurrences, even if they involve natural forces, may not warrant the defence.
Legal judgments, such as in Kallulal v. Hemchand, highlight that events deemed commonplace or within the realm of reasonable anticipation do not qualify as Acts of God. Consequently, liability cannot be evaded solely on the grounds of such occurrences.
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