To relieve one of liability because flood is act of God, it must appear that act of God was sole proximate cause of injury. This page is a compilation of cases reported by the Virginia Supreme Court dealing with the topic of Earthen dam broke causing damage to property owners downstream. This suit was dismissed as defendant not being a person or company and stating the civil suit not being in jurisdiction of the court.In the U.S. state of Nebraska, State Senator Ernie Chambers filed a suit in 2008 against God, seeking a permanent injunction against God’s harmful activities this was done with an objective to publicizing the issue of public access to court system.

Where the Act of God is still much or less the same with some minor changes mostly in the language and its interpretation the Clause of Force Majeure has got its ambit wider and now is even including Act of God in itself, hence both the clauses in a broader meaning are not separate any more. A Critical Analysis Of The Usage Of May Not In Section 12 Of Contracts Act, 1872A Handbook On Impotency As A Ground For Dissolving Marriage In IndiaThe Corona Conundrum: How to Deal with China LegallyGender Neutrality: Rights of one, abrogation of another?Understanding the differences between Act of God & Force MajeureThe Corona Conundrum: How to Deal with China LegallyComparison Of Trial Procedure Between Indian Courts…Gender Neutrality: Rights of one, abrogation of another? A natural disaster, such as a flood or an earthquake, usually isn't foreseeable or preventable. Hence, now we can conclude by saying that the clauses of defense has changed and developed significantly in times and is not as was mentioned in their sources.NOTE: Articles published on this website are for information only. In Indian context the clause of Act of God is observed mostly under the clause of force majeure and is mentioned under the drafting of the act for highway infrastructure development and in Sec. Under tortious law, an act of God may be asserted as a type of intervening cause, the lack of which would have avoided the cause or diminished the result of liability. In this instance human agency was element, since there was evidence of negligence in terms of construction of dam. ... then that is a defense. This case went through appeal to the Supreme Court of Nebraska where it was finally rejected on the very same ground of address.In this case the judges of the case rejected the fact that force majeure is different than vis major and rejected the case on this ground even mentioned that both the clause included only and only the supernatural forces causing any unforeseen event hence only act of god, and other event which are not under Act of God in other words are not natural events cannot plea for defence of Force majeure or Act of God or inevitable accidents.The honorable court defined force majeure with all its characteristics and exception for the first time but even in judgment mentioned about the subjectivity of the clause and the discretion of court to decide whether a situation will be in force majeure or not for that case.The judgment of this case gave the test of remote and primary cause test for the cases of act of god (Vis major) and Force Majeure. His advice is invaluable as he listens well and is very measured in his responses. An act of God clause in a contract does not imply that no one is liable for damages.

Defendants alleged extraordinary flood is Act of the divine or of God defined as any accident due to natural cause directly and exclusively without human intervention such as could not have been prevented by any amount of foresight.Floods in this case were so unusual as to qualify as acts of God.“I have been a client of Brien Roche for over 25 years and continue to receive exception service.
An act of God is an uncommon, extraordinary and unforeseen manifestation of the forces of nature, or a misfortune or accident arising from inevitable necessity. The Act of God defense is not dispositive to prevent negligence actions in the context of natural disasters. Inacia P. Carvalho v Desk To Desk Courier and Cargo LimitedThis Indian case has included the professionalism as an exception to force majeure basically with the incident which according to the defendant of the case made the obligation vested on him by contract unable to perform.

Defenses to tort are many: namely, Necessity, Vis Major/Force Majeure/Act of God, Inevitable accident, Plaintiff’s wrongdoing, Act of third party, Volenti non fit injuria and many more.


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