Introduction to ‘Vis Major’ (Act of God) as a Defence to Torts | Civil Law for Judiciary Exams PDF Download

Tort Law Overview

• A tort can be described as an action or a failure to act that results in harm or injury to the affected party. The term "tort" originates from the Latin word "tortum," meaning wrong or crooked.
• Torts specifically exclude breaches of contracts, with remedies typically involving damages or injunctions.
• Torts are generally categorized into three main types: negligence, intentional torts, and strict liability.

Negligence in Torts

• Negligence in torts involves several key elements. Firstly, there must be a duty of care, guided by the standard of a reasonable person.
• A breach of this duty of care must occur, followed by an assessment of causation, which includes proximate and actual cause.
• The harm resulting from the negligent act or omission needs to be established.

Intentional Torts

• Intentional torts require the wrongdoer to purposefully cause harm to the injured party. Some intentional torts can overlap with criminal acts, such as assault or defamation.

Strict Liability

• Strict liability is a unique form of tort law that holds individuals liable for harm in cases involving abnormally dangerous activities, irrespective of negligence or intent. This principle aims to address harm as a matter of public policy.

Legal Actions and Defenses

• According to Winifield and Jolowicz, a legal action alleging a tort must prove all necessary elements. Failure to do so will result in the case being dismissed.
• Even if the elements are proven, the defendant can invoke specific defenses to avoid liability. Defenses with broader scopes are termed general defenses.

Understanding Vis Major and Act of God

• Vis Major, also known as Act of God, refers to a superior or inevitable force of nature that cannot be avoided.
• It absolves a party of liability in situations where harm is caused by an inevitable accident that could not have been prevented.

Application of Act of God Defense

• Act of God defense is relevant when harm occurs without human intervention and cannot be predicted or prevented by any means.
• It is typically invoked in cases of significant damage, such as breaches of contracts, to avoid liability for promised actions.

Legal Precedent: Rylands v Fletcher

• In the case of Rylands v Fletcher, Blackburn J. recognized the concept of Act of God.
• The plaintiff's mines were flooded due to a reservoir bursting, leading to a legal dispute.
• Blackburn J. ruled that the defendant could claim non-liability if the harm was caused by the plaintiff's default or an Act of God.

Legal Concept of Acts of God

• Rylands v Fletcher Principle: This legal principle, as seen in the case of Nichols v Marsland, establishes that individuals may not be held liable for damages resulting from natural occurrences they could not have foreseen or prevented.
• Application of Act of God: Courts determine what incidents qualify as Acts of God. Recent limitations on this defense stem from technological advancements that enhance predictability in certain circumstances.
• Interpretation in Indian Courts: While Indian courts have not explicitly recognized pandemics as Acts of God, referencing cases like The Divisional Controller, KSRTC v. Mahadava Shetty suggests that natural events uncontaminated by human influence may qualify.
• Lakeman v Pollard Case: In this scenario, the outbreak of cholera was considered an Act of God, absolving a worker from contractual liability when leaving work due to the outbreak.

Conclusion

• Vis Major or an Act of God refers to events caused by superior forces that are inevitable, unpredictable, and unforeseeable. The defense of vis major is limited to prevent individuals from unfairly escaping liability.
• Contractual parties may try to benefit from acts of gods, but the scope of this defense is narrow. To claim the defense of vis major, it is crucial that the event could not have been reasonably predicted. The key factor is whether reasonable human foresight and prudence could anticipate such an occurrence.
• Examples of vis major events include earthquakes, floods, and other natural disasters. Such events are beyond human control and occur without any human intervention.