Defence of Act of God in Torts

In tort law, the defence of act of God refers to an event caused by natural forces of extraordinary proportion that is beyond human control. 

Elements of Act of God

The following elements characterise act of God:

No Human Interference: The event must not be caused or influenced by human actions or behaviour. It should be purely attributable to natural forces and not the result of human intervention or conduct. For example, an angry mob does not qualify as an act of God since it involves human interference.

Extraordinary Occurrence of Natural Forces: The event must be extraordinary, surpassing the normal and expected standards for that particular place. It should involve natural forces of exceptional magnitude or intensity. Examples of such forces include exceptionally heavy rainfall, earthquakes, cyclones, floods, or other similar phenomena.

Unforeseeable and Unpreventable: The event must be unforeseeable and impossible to reasonably guard against. If the occurrence could have been anticipated or precautions could have been taken to mitigate the harm, it may not qualify as an act of God. Reasonable care must be taken to anticipate and prepare for such extraordinary events to the extent that they can be reasonably anticipated.

Examples and Illustrations

Flash Flood: In a region that rarely experiences heavy rainfall, an unprecedented and sudden torrential downpour occurs, resulting in severe flooding. The floodwaters cause extensive damage to properties and infrastructure. 

Suppose it can be established that the heavy rainfall was an extraordinary occurrence of natural forces, beyond human control, and that reasonable care was taken to anticipate and prepare for such events. In that case, the defence of act of God may apply. Property owners affected by the flash flood would likely be unable to hold anyone liable for the damages suffered.

Lightning Strike: During a thunderstorm, lightning strikes a tall tree in a public park. The tree subsequently falls and damages nearby structures and vehicles. 

Suppose it can be proven that the lightning strike was an unforeseeable and extraordinary occurrence of natural forces, beyond human control, and that reasonable care was taken to anticipate and prepare for such events. In that case, the defence of act of God may be invoked. In this case, the property owners affected by the fallen tree would likely be unable to hold anyone liable for the damages caused by the lightning strike.

Volcanic Eruption: In an area known for its dormant volcano, a sudden and massive volcanic eruption occurs, spewing ash, lava, and debris over surrounding areas. The eruption causes extensive damage to homes, crops, and infrastructure. 

Suppose it can be demonstrated that the volcanic eruption was an extraordinary occurrence of natural forces, beyond human control, and that reasonable care was taken to anticipate and prepare for such events. In that case, the defence of act of God may apply. Property owners affected by the volcanic eruption would likely be unable to hold anyone liable for the damages caused by the eruption.

Summary

The defence of act of God recognises that certain events caused by extraordinary natural forces are beyond human control and cannot be reasonably anticipated or prevented. It highlights the distinction between human interference and natural occurrences of exceptional magnitude. It is important to evaluate each case individually, considering the magnitude of the event, the location’s standards, and the reasonable care taken to anticipate and prepare for such events.