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Unforeseeable Condition

The phrase “act of God” refers to an incident caused by the operation of some extraordinary natural force.  An act of God, however, is so extraordinary and devoid of human interrence that reasonable care could not avoid its consequences.  As such, it gives an injured party no right to damages. The effects of tornadoes, floods, storms, and lightning are considered acts of God. 

The primary element of an “act of god” is the happening of an unforeseeable event.  In this regard, if the loss was caused by a foreseeable accident that could have been prevented, the party who suffered the loss has the right to  compensation.  However, the damage caused by an unforeseen and uncontrollable natural event is not compensable as it could not have been prevented or avoided by foresight or prudence. 

In addition, courts are of the opinion that the “act of God” defense exists only if the event is so extraordinary and could not have been anticipated or expected by the history of climate variations in the locality.  The courts may even demand expert testimonies to prove that an event was unforeseeable.


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