Vis Major under Law of Torts

Vis major which means Act of God is one of the general defences given under the Law of Torts. The Latin word Vis Major, or Act of God, which falls under the general defences, literally translates to "superior force" or "inescapable force of nature that cannot be avoided," and it may severely limit liability for injury inflicted in certain situations.A legally-speaker's term for an unavoidable mishap that releases a party from all liability due to its unpreventability is Vis Major. Consequently, no one may be held responsible for any damages resulting from an unavoidable accident.

General Defences under the Law of Torts

When a plaintiff files a lawsuit against a defendant, alleging a particular tort or violation of a legal right that results in legal damages, and the plaintiff is successful in proving the components of the complaint, the defendant is liable.

There are, nevertheless, a few instances in which the defendant may raise defences that will shield him from responsibility. Under the General defences as given under the law of torts, in general defences there are certain conditions under which a person will not be liable for their actions.

Types of General Defences under the Law of Torts

Private Defence

In tort situations, the most common general defence is private defence. When the defendant, while in urgent danger, uses reasonable force to defend his body, property, or the property of another, and has no time to report the occurrence to the right authorities, it is deemed a private defence. The damage caused should be appropriate for the circumstances.

Statutory Authority

Legislative authority is another general defence. Any damages resulting from an act that is approved by statutory legislation or a law passed by the legislature cannot be held against the defendant.

Volenti non-fit Injuria

Translation: "No harm is done to a willing person." This is the Latin expression "Volenti non-fit injuria," which indicates that a person who consents to harm does not have the right to get compensation for such harm. The plaintiff has a solid defence if he voluntarily accepts the harm since he cannot later claim that the harm was his fault. Nobody stands up for a privilege they have voluntarily given up or given up on. It is possible to give your explicit or tacit permission to be harmed.

When the Plaintiff is Wrongdoer

The dictum Ex turpi causa non orithur actio which states that no action can result from an immoral cause has an impact on this kind of general defence. This wide defence states that the plaintiff is barred from suing the defendant even if he is at fault (having performed an illegal act) and has suffered losses.

In the case of Collins v. Rension

In one case, the plaintiff scaled a ladder to post a notice on the garden wall of the defendant. He said that he gently pushed the plaintiff off the ladder when they refused to come down. Nonetheless, the court decided in favour of the plaintiff.

Inevitable Accident

An "inevitable accident" defence may be used in cases where someone is harmed while acting appropriately and with all reasonable care for an unavoidable reason. Therefore, there is no basis for a cause of action arising from the injury. It is one of the frequent defences available to the defendants under tort law, and it is predicated on the idea that they will not be held liable if the plaintiff is harmed notwithstanding their lack of malicious intent.

Essentials of Inevitable Accidents

The following are the essential elements to constitute an inevitable Accident

• There must be an accident

• Even after exercising adequate care and attention, such accidents must be unintentional and unexpected.

• As a result, there had to be no carelessness on the side of the person and suffering, harm, damage, or loss suffered by another person as a result.

Vis Major means in torts

Act of god defences can be used when an action causes harm and damage to a party without the intervention of a third party and when the action is inevitable and cannot be predicted or avoided by a third party. It is important to note that in these situations, the damage and chaos caused are significant, and in cases of contract breach, they can be used to shield a party from liability for actions or inactions promised in a contract.

A loss that happens instantly as a result of a natural cause without human interference and that could not have been avoided by exercising caution, diligence, and care is known as a vis major.

Essentials of Vis major under law of tort or Act of God

Natural Causes

If a natural disaster or tragedy is an uncommon, noteworthy, and unexpected manifestation of the forces of nature that arises from an inevitable necessity, then it is deemed an act of God. A heavenly act cannot be stopped by human caution or meticulous forethought.

Human care can be used to predict and prevent the impacts of common causes. For example, a layperson can predict when rain will seep through a damaged roof. The injured party may be entitled to compensation for negligence stemming from the failure to take the required safety precautions if the accident had predictable causes. Consequently, an act of God would not be stopped by reasonable care because it is so uncommon and unrelated to human activity. Therefore, in these circumstances, the individual who feels wronged is not entitled to damages.

Occurrence of an Act, not Reasonabelly Forseeable

The essential and main element of an act of god is the happening of an unexpected event. For this reason, if the harm or loss was caused by an accident that was predictable and preventable, the injured party is entitled to compensation. However, a natural calamity that is unpredictable and uncontrollable cannot be prevented by human prudence or foresight, hence it cannot be made up for.

Furthermore, courts believe that an act of God's defence is only applicable in extremely rare circumstances where the extensive history of climate variability in the area could not have predicted or predicted the event. It is created solely from human recollection, or documented history. Courts may require expert testimony to establish the unexpected nature of an incident.

Incapable of Being Prevented by Any Reasonable Measures and Acts which lack Human Intent

It suggests that saying no would be difficult. Carelessness is defined as failing to take the required safety measures. The "act of God" defence will not hold up if it cannot be proven that the human factor used reasonable care and precautions to prevent the injury, even in cases when it was not possible to prevent it. If negligence is asserted and proven, the "act of God" defense will be rendered ineffective. If a tree fell on a bystander and the owner was careless, they cannot use the "act of God" defense to escape responsibility.

Case laws on Vis Major under law of tort

Ramalinga Nadar v. Narayana Reddiar

In this case, the defendant and the plaintiff established an agreement for the delivery of specific goods. The defendant cannot be held accountable because it did not influence the mob's theft of the goods. The court decided that an incident that happened outside of the defendant's control could not be considered a divine act. The court held that the destructive acts of a disorderly mob cannot be justified as an act of God.

Blyth v. Birmingham Water Works Co.

The defendants' constructed water pipes were relatively strong enough to withstand extreme cold. An exceptionally hard frost that year destroyed the pipes and caused significant damage to the plaintiff's possessions. Although frost is a natural occurrence, it was decided that the defendants were not liable since an unexpectedly severe frost could be attributed to an act of God.

Conclusion

Act of God or Vis Major is one of the general defences given under the law of torts. According to Act of God any act that takes place due to the natural forces without any human intervention or intention. The law of Torts provides different types of general defences under which a person will not be held liable for any act done. The Different General defences as given under the law of Torts are Private Defence, Statutory Authority, Volenti non-fit Injuria, and acts of God.