Who is responsible for the losses caused due to an earthquake, a cyclone, or any natural calamity? Who can be sued in similar cases? Actus Dei Nemini Facit Injuriam is a legal maxim on Act of God and how it can affect your legal rights. An Act of God is a kind of inevitable accident with the difference that in the case of Act of God, the resulting loss arises most likely due to natural forces. Examples could be exceptional heavy rainfall, storms, tempest, tides and volcanic eruption. Here, let us trace the difference between Act of God and Inevitable Accident.
Act of God in Torts Law
The essentials of the defense of Act of God are:
1. There must be working of natural forces.
2. The occurrence must be extraordinary and nor need it be one happens for first time.
3. It must not have arisen from the act of man.
Case Laws on Act of God
Nichols v. Marsland (1876)
In this case, the defendant had constructed the artificial lake in his land. The extraordinary rainfall caused the lake to overflow and damage the plaintiff’s property. The court held that the defendant was not liable because flood was caused duo to the extraordinary rainfall. Since the rain was not ordinary, the defendant’s defense of Act of God helped.
Kallulal v. Hemchand (1957)
In this case, the wall of a dilapidated building collapsed on the day when rainfall of 2.66 inch took place. The incident resulted in the dealth of the two children of the respondent.
The Madya Pradesh High court held that the defendant could not take the defence of Act of God in this case. The Court explained as that much of rain fall during the rainy season was not extraordinary but only ought to have been anticipated and guarded against. Here, the appellant was held liable.
Blyth v. Birmingham Water Works Co. (1856)
The defendants in this case had built water lines that were reasonably sturdy enough to survive significant frost. That year, an unusually strong frost caused the pipes to burst, severely damaging the plaintiff’s property. Although frost is a natural occurrence, it was decided that its unexpectedly extreme incidence may be attributed to an act of God, absolving the defendants of any responsibility.
Also explore what Volenti Non Fit Injuria means
Inevitable accident
An inevitable accident means an unexcepted accident which causes injury. Such an event could not have been foreseen or avoided.
According to Pollock “It does not mean absolutely inevitable, it means not avoidable by any such precautions as a reasonable man, doing such an act them and there, could a be expected to take”. Inevitable accident and Act of God Actus Dei Nemini Facit Injuria are often confused with one another. So here, let’s understand what an inevitable accident is with the help of case laws.
Case laws of inevitable Accident
Padmatvati v. Dugganaika (1975)
In this case, a truck truck driver gave lift to two women, Padmavati and another, without any fare or fee. During the journey, the truck’s wheel came off, causing an accident in which both women were injured. They filed a lawsuit against the truck owner, Dugganaika, for compensation. The Karnataka High Court held that the truck owner was not liable for the injuries caused.
Brown v. Kendal (1850)
The plaintif and the defendant’s dogs were fighting. While the defendant was trying to separate them with a stick, he accidentally hit the plaintiff in his eye who was standing nearby. The injury to the plaintiff was held to be result of pure accident, for which no action could lie.
Stanley v. Powell (1891)
During a shooting party, Powell fired at a pheasant, but the bullet ricocheted off a tree and accidentally injured Stanley, the petitioner. Stanley sued Powell for damages. The court held that Powell was not liable since the injury was an inevitable accident without any negligence.
Difference Between Inevitable Accident and Act of God
| Inevitable Accident | Act of God |
| Inevitable accidents might occur due to natural causes, human activity, or both. | Act of God happens without the involvement of human agency and are solely caused by natural forces. |
| In cases of inescapable accidents, the courts have the discretion to decide whether the defendant is liable for torts. | In cases where they lack discretion, the courts must render a decision in order to support the defendant’s tortious liability resulting from an Act of God. |
| Building collapses, train wrecks, and road accidents are a few examples | Storms, tremors, volcanic eruptions, etc. are examples of Acts of God. |
Conclusion
Actus Dei Nemini Facit Injuria the legal maxim on Act of God is a kind of inevitable accident and no one is liable for the losses caused by natural events that are beyond the control of humans. This defence is only used when there is no fault of human.
Accidents that happen against the desire of a man as well as in spite of all attempts a man may make to prevent them from happening are those that are physically unavoidable and cannot be avoided through human ability or foresight. An act of God, on the other hand, is an accident brought on by the actions of tremendous natural forces, and as such, it is the result of those forces, which are unpredictable and uncontrollable, and as a result, might result in total destruction or loss on a huge scale.
The difference between Act of God and inevitable accidents has been decoded by our intern, Mr. Tejas Fondu Sawant. He joined the team to assist and bring informational legal blogs.
