DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

FINAL DRAFT
SUBJECT- LAW OF TORTS

TOPIC – COMPARATIVE STUDY OF ACT OF GOD AND

INEVITABLE ACCIDENT AS DEFENCE.

Submitted to- Submitted by-

Dr. R.K.YADAV SHRESHTHA ADITYA

Assistant Professor (Law) Roll no. - 132

RMLNLU B.A. LLB (Hons), 2nd Sem.

 TABLE OF CONTENTS

1. Introduction
2. Scope of the project
3. Objective of the project
4. Hypothesis
5. Research Methodology
6. Chapterization
7. Literature review
8. Bibliography
 INTRODUCTION
The term “Inevitable accident” actually means “unavoidable accident”, that means, any
such accident that even by taking care or caution could not have been prevented. That is, they
were bound to occur by all means.

In the words of Pollock, “ It does not mean absolutely inevitable, but it means not avoidable by
any such precaution as a reasonable man , doing such an act there and then , could be expected
to take”.

Whereas, “Act of God” are such unpredictable and severe events caused without any
human interference over which human beings have no control. Examples including earthquakes,
flood, lightening etc.

The occurrence need not be unique, nor it need to be one that happens for the first time; it is
enough that it is extraordinary , and such as could not reasonably be anticipated, and it must not
arise from act of man.

This project work will deal in analysis as well as comparison of these two major defences in
torts.

SCOPE OF THE PROJECT

 In this project comparative study of Act Of God and Inevitable Accident as Defence is
done.its meaning and applicability will be discussed. Cases like Brown v. Kendal, (1859)
and, HOLMES V. MATHER (1875) would be taken under consideration.

OBJECTIVE OF PROJECT
The objective of the project is to do the comparative study of ACT OF GOD and
INEVITABLE ACCIDENT AS DEFENCE.

HYPOTHISES
The Law of Tort is a concept that has been evolving through the ages. This ever dynamic
evolution of tort law has been the mater to many principles under which tortuous liability can
be demanded. Simultaneously, certain other principles are used, to counter these claims for
compensation. These counter claims, or defences are used to evict those innocent citizens
from tortious liability who have been unfairly implicated with claims imposed on them.
 These defenses were formulated from time to time to keep up with the very basis of
imposition of tortious liability on an individual- i.e, creating a sense of deterrence while
keeping up with the basic values of justice. Defenses to tort are many: namely, Necessity, Vis
Major/Force Majeure/Act of God, Inevitable accident, Plaintiff's wrongdoing, Act of third
party, Volenti non fit injuria and many more.

RESEARCH METHODOLOGY

The method used for research purposes is entirely din octrinal. The data has been gathered by
referring through various books of the given subject. Analysis of that particular data has been
done by breaking the data into different sections and then drawing out conclusions from those
different sections. Primary source is the Constitution of India and secondary sources include
books by reputed authors and also web resources.

CHAPTERIZATION

1 Introducing tort

2 Inevitable accident as a defence

3 Act of God as a defence

4 Comparison between Act of God and Inevitable accident.

5 Some landmark cases of Inevitable accident

6 Some landmark cases of Act of God

 7 Present day scenario of these defences

8 Conclusion

9 Bibliography

LITERATURE REVIEW

Various books have been referred to and were of great help in completing the given project.

The definition of Statutory authority is referred from the books such as Law of Torts by R.K.
Bangia , Law of Torts by B.M. Gandhi and Law of Torts by M.N. Shukla.

BIBLIOGRAPHY
Books –
o Law of torts by R.K. Bangia
o The law of torts- by Ratanlal and Dhirajlal
o Law of tort- by P.S.A. Pillai

Websites –
http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?
Volume=84&Issue=4&ArticleID=2350

http://www.articlesbase.com/law-articles/inevitable-accident-and-act-of-god-as-defenses-in-tort-law-
1059145.html