Act Of God in United States

Act Of God Definition

A natural cause which operate without interference or aid from man. 1 Pars. Cont. 635. That which proceeds from the violence of nature; by that kind of force of the elements which human ability could not have fpreseen or prevented. 6 Grat. (Va.) 189. The term is sometimes defined as equivalent to inevitable accident, but incorrectly, as there is a distinction between the two, although Sir William Jones proposed the use of “inevitable accident” instead of “act of God.” Jones, Bailm. 104. See Story, Bailm, § 25; 2 Sharswood, Bl. Comm. 122; 2 Crabb, Real Prop. § 2176; 4 Doug. 287; 21 Wend. (N. Y.) 190; 2 Ga. 349; 10 Miss. 572; 5 Blackf. (Ind.) 222. All acts of God are inevitable accidents, but not all inevitable accidents are the act of God, i. e., caused by the forces of nature. 29 N. y. 115/ See, also, “Vis Major.”

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Legal Issue for Attorneys

A natural cause which operate without interference or aid from man. 1 Pars. Cont. 635. That which proceeds from the violence of nature; by that kind of force of the elements which human ability could not have fpreseen or prevented. 6 Grat. (Va.) 189. The term is sometimes defined as equivalent to inevitable accident, but incorrectly, as there is a distinction between the two, although Sir William Jones proposed the use of “inevitable accident” instead of “act of God.” Jones, Bailm. 104. See Story, Bailm, § 25; 2 Sharswood, Bl. Comm. 122; 2 Crabb, Real Prop. § 2176; 4 Doug. 287; 21 Wend. (N. Y.) 190; 2 Ga. 349; 10 Miss. 572; 5 Blackf. (Ind.) 222. All acts of God are inevitable accidents, but not all inevitable accidents are the act of God, i. e., caused by the forces of nature. 29 N. y. 115/ See, also, “Vis Major.”

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Notice

This definition of Act Of God Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Act of God

This section discusses generally the subject of Act of God, how to determine the facts essential to Act of God, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

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Act of God meaning

An unforseeable natural disaster which cannot be prevented. Where the injury is uniquely due to an ‘act of God’ it is a defense against liability. ‘Acts of God’ will not however excuse delays in fulfilling contractual commitments because the duties assumed are negotiated – including the responsibility for losses resulting from natural disaster. Thus if the duty of the party is in tort acts of God will excuse their liability. But if the duty of the person is in contract then the contractor must have included a clause covering ‘acts of God’ even though the misfortune was unforseeable and could not have been prevented. Most insurance contracts include clauses to exclude liability of the insuror for ‘acts of God’.

A latin maxim applie: Actus Doi nomini facit injuriam: An act of God does wrong to no one – thus no one is responsible in tort for the result of an inevitable accident.

Acts of God can be distinguished in the common law from force majeure: Acts of god are natural disasters whereas force majeure, at least in the common law, consists of man made disasters.

See:
Watts v. Smith, D.C.App., 226 A.2d 160, 162
Middaugh v. U. S., O.C.Wyo., 293 F.Supp. 977, 980.
Höhere Gewalt

In german law is defined as an unforseeable unusual result which was brought about by irresistable force. The German concept is thus similar to the common law and includes all manner of natural disasters and their consequences. (See, Bundesamt für Sicherheit in der Informationstechnik „Gefährdungskatalog Höhere Gewalt“
e.g. http://www.uni-saarland.de/verwalt/gshb99/g/g1.htm(1999)

Force Majeure:

Again the concept paralells that of höhere Gewalt and acts of god.

As we have already mentioned, force majeure as a concept does exist in the common law but is limited to man made disasters. In French law however force majeure encompasses all unforseeable disasters whether man made or not. Again unforseeability is the key element to the exclusion of liability which may arise via force majeure.

Actio personalis moritur cum persona / moritur doktrin

The principle that the cause of action of the victim of a tort died with the tort feasor. Statutorily remedied through wrongful death statutes.

See also: wrongful death, survival statutes
Mornand v. Twentieth-Century Fox Film Corporation, O.C.Okl., 37 F.Supp. 659, 652.
Humphries v. Going, O.C.N.C., 59 F.R.D. 583, 587.

Act Of God