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Revision as of 23:22, 18 May 2011
 | The examples and perspective in this article may not represent a worldwide view of the subject. (July 2010) |
Act of God is a legal term[1] for events outside of human control, such as sudden floods or other natural disasters, for which no one can be held responsible.
Contract law
In the law of contracts, an act of God may be interpreted as an implied defence under the rule of impossibility: i.e, the promise is discharged because of unforeseen, naturally occurring events that were unavoidable and which would result in insurmountable delay, expense, or other material breach. In other contracts, such as indemnification, an act of God may be no excuse, and in fact may be the central risk assumed by the promisor—e.g., flood insurance or crop insurance—the only variables being the timing and extent of the damage. In many cases, failure by way of ignoring obvious risks due to "natural phenomena" will not be sufficient to excuse performance of the obligation, even if the events are relatively rare: e.g., the year 2000 problem in computers. Under the Uniform Commercial Code, 2-615, failure to deliver goods sold may be excused by an "act of God" if the absence of such act was a "basic assumption" of the contract, but has made the delivery "commercially impracticable".
Recently, human activities have been claimed to be the root causes of events until now considered natural disasters. In particular:
- water pressure in dams releasing geological fault (earthquake in China)[2]
- geothermal injections of water provoking earthquakes (Zurich, Switzerland, 2003—currently on trial)[citation needed]
- drilling provoking mud volcano (Java, ongoing)[3]
Such events are possibly threatening the legal status of Acts of God and may establish liabilities where none existed until now.
Tort law
In the law of torts, an act of God may be asserted as a type of intervening cause, the lack of which would have avoided the cause or diminished the result of liability (e.g., but for the earthquake, the old, poorly constructed building would be standing). However, foreseeable results of unforeseeable causes may still raise liability. For example, a bolt of lightning strikes a ship carrying volatile compressed gas, resulting in the expected explosion. Liability may be found if the carrier did not use reasonable care to protect against sparks—regardless of their origins. Similarly, strict liability could defeat a defense for an act of God where the defendant has created the conditions under which any accident would result in harm. For example, a long-haul truck driver takes a shortcut on a back road and the load is lost when the road is destroyed in an unforeseen flood. Other cases (and the preferred federal rule in the United States) find that a common carrier is not liable for the unforeseeable forces of nature. Memphis & Charlestown RR Co. v. Reeves, 1870, 77 U.S. 176.
A particularly interesting example is that of "rainmaker" Charles Hatfield who was hired in 1915 by the city of San Diego to fill the Morena reservoir to capacity with rainwater for $10,000. The region was soon flooded by heavy rains, nearly bursting the reservoir's dam, killing nearly 20 people, destroying 110 bridges (leaving 2), knocking out telephone and telegraph lines, and causing an estimated $3.5 million in damage in total. When the city refused to pay him (he had forgotten to sign the contract), he sued the city. The floods were ruled an act of God, excluding him from liability but also from payment.
Other uses
The phrase, “act of God”, is sometimes used to attribute an event to divine intervention. Often it is used in conjunction with a natural disaster or tragic event: A miracle, by contrast, is often considered a fortuitous event attributed to divine intervention. Some consider it separate from acts of nature and being related to fate or destiny[4]
Christian theologians differ on their views and their interpretations of scripture. Some say that God causes a disaster: R. C. Sproul speaks of Divine Providence: “In a universe governed by God, there are no chance events”[5] Others indicate that God may allow a tragedy to occur.[6] Yet others just accept unfortunate events as part of life[7] and reference Matthew 5:45 (KJV): “for he maketh his sun to rise on the evil and on the good, and sendeth rain on the just and on the unjust.”
See also
References
- ^ Black, Henry Campbell (1990). Black's Law Dictionary (6th edition ed.). Saint Paul, Minnesota: West Publishing Co. p. 33. ISBN 0-314-76271-X.
{{cite book}}:|edition=has extra text (help) - ^ Wong, Edward (2009 May 06). "Earthquake in China". The New York Times. Retrieved 2011 March 01.
{{cite news}}: Check date values in:|accessdate=and|date=(help) - ^ Whitelaw, Claire (2008 June 09). "Javan mud volcano triggered by drilling, not quake". Retrieved 2011 February 22.
{{cite web}}: Check date values in:|accessdate=and|date=(help); Unknown parameter|coauthors=ignored (|author=suggested) (help) - ^ "Introductory Session – Four Theories of Disaster". FEMA Emergency Management Institute. Retrieved 30 December 2009.
{{cite web}}: Cite has empty unknown parameter:|coauthors=(help) - ^ Sproule, R C (1992). Essential Truths of the Christian Faith. Tyndale. pp. 61–63. ISBN 0-8423-2001-6.
- ^
"God Allowing Tragedy". Lutheran Church Missouri Synod. Retrieved 30 December 2009.
{{cite web}}: Cite has empty unknown parameter:|coauthors=(help) - ^ Robinson, B A (4 September 2005). "Why do tragedies happen?". Ontario Consultants on Religious Tolerance. Retrieved 30 December 2009.
{{cite web}}: Cite has empty unknown parameter:|coauthors=(help)