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Relationship to Avoidability of Harm

Avoidability of harm is a factor the Courts will consider in determining an  “act of God” defense.  The purpose is to determine whether a natural force was extraordinary and unusual on a particular occasion and whether or not human foresight and care could have prevented the loss that resulted. If an accident could not be prevented by the exercise of ordinary care, caution and skill of humans of ordinary prudence, the defense of “act of God” will prevail.


Inside Relationship to Avoidability of Harm