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Definition

An act of God is a natural catastrophe which no one can prevent such as an earthquake, a tidal wave, a volcanic eruption, a hurricane or a tornado.  An act of God is generally considered an act attributable to nature without human interference. For example, damage from a tornado or a lightning strike would be considered an act of God. 

Acts of God have legal significance because they constitute a legal excuse for delay or failure to fulfill an obligation in a contract.  For example, many insurance policies don’t cover damage caused by acts of God. At times, disputes arise as to whether a violent storm or other disaster was an act of God (and therefore exempt from a claim) or a foreseeable natural event.

Whether an event is exempt from the terms of a contract depends on the language used in that particular contract and the interpretation of the event as being a foreseeable natural event or an act of God.  In the United States, the “act of God” defense is found in many state and federal environmental statutes.  Generally, an act of God can exempt a defendant from liability.  However, in such cases the act of God must be the sole proximate cause of the injury. 

For example, in the case of Montgomery v. National Convoy & Trucking Co.[i] two truck drivers collided on an icy road and did not erect flares or attempt to warn other traffic of the danger posed by their trucks.  The plaintiff’s car then crashed into them.  The Court held that although God may have been responsible for the weather conditions, the truck drivers should have exercised reasonable care to warn others of their peril.  Their failure to do so was negligence.

 

 

 


[i] 195 S.E. 247 (1938)


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