Difference Between Act of God and Inevitable Accident

 Difference Between Act of God and Inevitable Accident

By Shagun Mahendroo

Elements of Act of God

• The occurrence must be natural which could not be predicted or prevented by human foresight.

• Occurrence must be extraordinary which cannot be guarded against.

• There must not be any human intervention.

In the case of Nichols v. Marshland, the defendant had artificial lakes on his land. He had made all the safety measures to prevent any disturbance to others. But one day a very heavy rainfall occurred which resulted the water from banks of the lake to escape and enter into the land of plaintiff thus damaging his land.

Held: The court took the decision in the favour of defendant as the heavy rainfall was something not reasonably foreseeable and no human intervention was involved. The defendant here is not liable because damage caused by heavy rainfall is an Act of God.

Elements of Inevitable accident

• The occurrence should have been unforeseeable.

• The event must be out of scope and there should be no means to avoid it.

• Reasonable care must have been taken to avoid the event occur.

Hidasi v. Hidasi, the defendant was husband and plaintiff was wife. They were travelling on mountains and defendant was driving the care by taking all precautionary measures but somehow the car lost the balance. Defendant tried to use emergency brakes but could not use it and as a result plaintiff got hurt.

Held: The defendant took the defence of inevitable accident and the court eventually accepted this defence as the accident occurred due to mechanical failure which is not foreseeable nor in hands of plaintiff.

Stanley v. Powell,the defendant was a member of shooting party and one day while shooting he fired at the pheasant but his gun fall down and accidently hurt the plaintiff who was another member of the party.

Held: It was held that this is an inevitable accident and defendant is not liable because it is an accident which is unforeseen.

Difference between Act of God and Inevitable Accident

• Inevitable accidents can occur by natural cause as well as by human intervention or both but in case of act of God there is just natural cause, it can never occur by human agency.

• If more care and precaution is taken then to some extent the inevitable accidents can be prevented but in case of act of god, it cannot be prevented at any cost.

• In case of inevitable accident, the court has discretion in his own hands to determine whether the defendant is liable or not but in case of act of god the court does not have discretion power and they have to give their decision justifying the defendant’s tortious liability arising out of Act of God.

• The effect of inevitable accident is limited to one or few persons but in case of act of god, the effect is extra ordinary thus affecting a large group of people.

• Inevitable accident is a branch of act of God.