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Tort Liability

For the torts of negligence and strict liability, the defense of “act of God” may be invoked.  However, if the Court finds that the defendant was negligent in exercising reasonable care and caution, which enhanced the degree of harm, the defendant will be liable for the full amount of damages.

According to the Restatement (Second) of Torts, an actor cannot evade liability for a harm that would have primarily resulted from negligent conduct but was aggravated by the extraordinary operation of a force of nature, through the defense of “act of God.”  However, the defendant will not be liable if his/her negligence was not a contributing factor to the harm sustained.  If by an “act of God” one’s possessions are thrown into another’s property, the liability to bear all expenses for removing the possessions shall be on the first party, although not responsible for the damage caused.


Inside Tort Liability