Act Of God V Negligence Analysis
The Law of Tort is a concept that has been evolving through the ages. This ever-dynamic evolution of tort law has been the mater to many principles under which tortuous liability can be demanded. Simultaneously, certain other principles are used, to counter these claims for compensation. These counter claims, or defences are used to evict those innocent citizens from tortious liability who have been unfairly implicated with claims imposed on them. These defences were formulated from time to time to keep up with the very basis of imposition of tortious liability on an individual- i.e., creating a sense of deterrence while keeping up with the basic values of justice. Defences to tort are many: namely, Necessity, Vis Major/Force Majeure/Act of
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The scope of this analysis is to get the deep understanding of the strict liability exception i.e. Act of God v. Negligence. And to even analyse the other related concepts.
It is difficult to attribute the cause of an accident as an Act of God, Negligence on the part of the involved party or maybe as a combination of both.
Act of God are purely those activities which are not in control of normal human beings such as earthquake, floods, tsunami etc. which cannot be avoided by us when they occur. For example: if a tornado picks up a car and smashes it into a house the destruction caused by it would be called an Act of God as the car owner wasn’t driving the car and couldn’t have prevented the crash.
On the other hand, negligence refers to the lack of precaution taken on the part of the person who knows that the particular activity could have caused probable harm to others. For example: if a homeowner neglects to cut down a dead tree and the storm topples the tree onto another house, this would not be considered an Act of God because the homeowner should have known that the tree was likely to fall.
The scope of this analysis is to get the deep understanding of the strict liability exception i.e. Act of God v. Negligence. And to even analyse the other related concepts.
It is difficult to attribute the cause of an accident as an Act of God, Negligence on the part of the involved party or maybe as a combination of both.
Act of God are purely those activities which are not in control of normal human beings such as earthquake, floods, tsunami etc. which cannot be avoided by us when they occur. For example: if a tornado picks up a car and smashes it into a house the destruction caused by it would be called an Act of God as the car owner wasn’t driving the car and couldn’t have prevented the crash.
On the other hand, negligence refers to the lack of precaution taken on the part of the person who knows that the particular activity could have caused probable harm to others. For example: if a homeowner neglects to cut down a dead tree and the storm topples the tree onto another house, this would not be considered an Act of God because the homeowner should have known that the tree was likely to fall.