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1.

There are various judgements of supreme court of India and Various High courts which describes
acts included in act of god
Such as
1. Kerala Transport Co. v. Kunnath Textile
2. Southern Gas Ltd. v. Visveswaraya Iron & Steel Ltd
3. M/S Rama Pashu Aahar v. United India Insurance Co. 

Which says act of god includes Volcanic eruptions, flood, heavy rain, pandemic, thunderstorm etc
any unforeseen climate activity which cannot be traced and controlled by humans.

2. An act of God is a general defense used in cases of torts when an event over which the defendant
has no control over occurs and the damage is caused by the forces of nature. In those cases, the
defendant will not be liable in law of tort for such inadvertent damage.

An exception to this is the principle of absolute liability which was derived from the case of MC
Mehta Vs UOI , sometimes even after proving act of god the defendant held liable under this
principle.

Relevant Case laws-


1. Chidambarakrishna Iyer Nataraja Iyer vs. South India Rly. Co
2. Dharnrajmal Gobindram v. Shamji Kalidas
3. Smt. Inacia P. Carvalho v Desk To Desk Courier and Cargo Limited

Point 3.

 Defence of act of god are based on the reasonable foreseeability, here the question is not whether a similar
event has occurred before or not, but whether the risk that this mishap may occur is foreseeable or not.

 In order for a plaintiff to recover damages, the failure of foreseeability must be the proximate cause of an
injury and an actual loss must occur.

 If the act of God is so overwhelming that its own force produces injury independent of the defendant’s
negligence, then the defendant will not be held liable.

 Where act of God have a role to play, the traditional sine qua non, substantial factor or legal causation tests
apply.
 If the damages suffered are incurred solely due to natural causes without any known fault, there is no
liability because of the act of God.

Case law- Shridhar Tiwari V. UP State Road Transport Corporation(SRTC)

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