DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY
LUCKNOW

Rough Draft
Subject: - Law of Torts
Project on: - Inevitable Accident

SUBMITTED TO: -

SUBMITTED BY:

Mrs. Geetu Singh

Asst. Professor
Law of Torts
R.M.L.N.L.U.

Srijita Kundan
Roll No. 133
Semester 1st (Section-B)
B.A. LL.B (Hons.)

INTRODUCTION

Inevitable accident as according to Webster Dictionary is, A natural and unavoidable

catastrophe that interrupts the expected course of events.1
Also, Sir Frederick Pollock describes inevitable accident as, Those incidents which a person
of ordinary prudence cannot avoid in spite of all reasonable care on his part n the
circumstances in which they occur.2
The defence of inevitable accident requires the defendant to prove that conditions beyond
personal control occurred, and that an accident could not have been avoided, even with great
skill and care.

1 http://www.webster-dictionary.org/definition/inevitable%20accident
2 Sir Frederick Pollock, The law of Torts: A treatise on the Principles of
Obligations arising from Civil Wrongs in the Common Law: to which is
added the Draft of a Code of Civil Wrongs prepared for the Government of
India, Fifteenth Edition (London: Stevens and Sons, 1951)

SCOPE OF THE PROJECT

In this project, the defence of inevitable would be discussed in regard with its meaning,
applicability and origin and history along with cases like Weaver V Ward, Stanley V Powell,
Holmes V Mather along with other cases.

OBJECTIVE OF THE PROJECT

The objective of the project is to study the defence of inevitable accident, the usage of the
defense and differentiate it from the defence of act of God.

ISSUES
1. What is an inevitable accident?
2. What are the essential elements to use the defence?
3. What is the difference between the defence of inevitable accident
and act of God?

CHAPERTIZATION
1. Introduction
2. Essential Elements to use the defence of inevitable accident
3. Origin and Historical Background
4. Inevitable Accident V Act of God
5. Conclusion
6. Bibliography

BIBLIOGRAPHY
1. A treatise on the Principles of Obligations arising from Civil Wrongs in the Common
Law: to which is added the Draft of a Code of Civil Wrongs prepared for the
Government of India by Sir Fredrick Pollock
2. The law of Torts by Ratan lal and Dheeraj lal
3. Law of Torts by Dr. R.K. Bangia
4. http://www.webster-dictionary.org/definition/inevitable%20accident