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In a claim for damages, a Court will not entertain the “act of God” defense if defendant failed to take proper precautions for natural conditions such as wind or rainfall that caused the harm partly or in full.  If a home owner was negligent in properly maintaining a tree that fell on a passer by, s/he cannot be exempted from liability using the  “act of God” principle.

The effect of ordinary natural causes can be foreseen and avoided by the exercise of human care.  Failure to take the necessary precautions constitutes negligence.


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