Dr.

RAM MANOHAR LOHIA NATIONAL

LAW UNIVERSITY, LUCKNOW

SUBJECT: LAW OF TORTS

SYNOPSIS ON TOPIC:

“COMPARATIVE STUDY OF ACT OF GOD AND INEVITABLE ACCIDENT AS

DEFENCE"

SUBMITTED TO: SUBMITTED BY:

Dr. R.K.YADAV SHRESHTHA ADITYA

ASSTT. PROF (LAW) B.A.LL.B (IInd SEM)

ROLL NO. 132

SECTION B

Dr. Ram Manohar Lohia National Law University,Sec-D1,LDA Colony, Kanpur Road
Scheme, Lucknow, Uttar Pradesh 226012

SYNOPSIS
The term “Inevitable accident” actually means “unavoidable accident”, that means, any
such accident that even by taking care or caution could not have been prevented. That is,
they were bound to occur by all means.

In the words of Pollock, “It does not mean absolutely inevitable, but it means not avoidable
by any such precaution as a reasonable man, doing such an act there and then, could be
expected to take”.

Whereas, “Act of God” are such unpredictable and severe events caused without any
human interference over which human beings have no control. Examples including
earthquakes, flood, lightening etc.

The occurrence need not be unique, nor it need to be one that happens for the first time; it
is enough that it is extraordinary , and such as could not reasonably be anticipated, and it
must not arise from act of man.

This project work will deal in analysis as well as comparison of these two major defences in
torts.

Act of God is the defence that may be applied when no human agency is involved in the act
and it has involvement of meteorological forces in it while Inevitable accident is slightly
different in nature, it is said to occur when the action may or may not involve natural forces
but by any human effort could not have been avoided. That is they were bound to occur
under any circumstances.

Both of these defence may resemble, but when observed and studied carefully bear many
dissimilarities. The major one being involvement of natural forces in former whereas no
such conditions in the latter.

Also the aftermath effect of the action which is much wider in case of Act of God while less
in case of inevitable accident.

My Research Methodology is Doctrinal in natures I shall refer to secondary sources of law

such as the material present online, newspaper articles, magazine etc.