CHANAKYA NATIONAL LAW UNIVERSITY,

PATNA

ROUGH PROJECT: LAW OF TORTS

TOPIC: “DIFFERENCE BETWEEN ACT OF GOD AND INEVITABLE
ACCIDENT”

AUGUST 2023

SUBMITTED TO: -

MS NIDHI KUMARI
FACULTY OF LAW OF TORTS

THIS ROUGH DRAFT IS SUBMITTED IN THE PARTIAL FULFILMENT OF

THE(B.A. L.L.B) COURSE IN LAW OF TORTS.

SUBMITTED BY:
ANSH PRIY SRIVASTAVA
ROLL NO – 23112
BA LLB, 1 SEMESTER
ST
TABLE OF CONTENT(Tentative Chapterisation)

1.Introduction………………………………………………………………

 Aims and objective………………………………………………..

 Research Questions
 Hypothesis
 Research Methodology
 Sources of data collection
 Limitations of Study

2. Main characteristics of Torts ……………………………..

3. Defence………………………………….......................

3.1) Types of Defence

4. What is Act of God? …………………………………………………..

4.1) Landmark Judgements

5. What is inevitable accident?.............................................................................

5.1) Landmark Judgements

6. Major Differences between the two..........................................................................................

7. Conclusion……………………………………………………………..

Bibliography……………………………………………………………
 1.Introduction

The law of torts has been evolving throughout its existence. There are certain principles or
defenses that are used by the defendant in order to protect himself from the liabilities of the acts
and harms by taking a plea. These defenses have been formulated from time to time to keep up
with the basis of imposition of tortious liability on a person.
The law of torts has been evolving throughout its existence. There are certain principles or
defenses that are used by the defendant in order to protect himself from the liabilities of the acts
and harms by taking a plea. These defenses have been formulated from time to time to keep up
with the basis of imposition of tortious liability on a person.
The law of torts has been evolving throughout its existence. There are certain principles or
defenses that are used by the defendant in order to protect himself from the liabilities of the acts
and harms by taking a plea. These defenses have been formulated from time to time to keep up
with the basis of imposition of tortious liability on a person.
The law of torts has been evolving throughout its existence. There are certain principles or
defenses that are used by the defendant in order to protect himself from the liabilities of the acts
and harms by taking a plea. These defenses have been formulated from time to time to keep up
with the basis of imposition of tortious liability on a person.
The law of torts has been evolving throughout its existence. There are certain principles or
defences that are used by the defendant in order to protect himself from the liabilities of the
acts and harms by taking a plea. Conventionally the word defence is used to refer to
those arguments which when
used persuades the court to conclude that the defendant in a case is not guilty. So, they basica
lly include “absent element defences” which are denials of the components of the tort that
the plaintiff has allegedly committed. Now this can be done in two ways. First the
defendant can deny that the tort was committed or second, the defendant can deny on the
grounds of legal sufficiency in the allegations of the plaintiff, even if a tort has been
committed.

These defences have been formulated from time to time to keep up with the basis of
imposition of tortious liability on a person. Sometimes the harm caused to the plaintiff are not
under defendant’s control nor he is negligent while taking any precautions or while
performing an act. In such cases the defence available to the defendant are Act of
God and inevitable accident. Although the nature of both the defence is same i.e., to protect
the defendant from the liabilities of those act for which he was neither negligent nor the harm
caused to the plaintiff was under his control, but both the defences are still different to each
other.

An “inevitable accident” is an accident that could not have been avoided,

even if all reasonable precautions had been taken. This means that the person
who caused the accident cannot be held liable for any damages that resulted
from the accident, because they were not at fault. One example of an
inevitable accident might be a car accident caused by a sudden and
unexpected tire blowout. In this case, the driver of the car would not be at
fault for the accident because they could not have anticipated or prevented the
tire blowout. The driver would not be liable for any damages resulting from
the accident, because it was an inevitable accident that was beyond their
control.

The concept of an “act of God” is similar to that of an inevitable accident, in

that it refers to an event that is beyond human control and could not have
been anticipated or prevented. Acts of God are often used as a defense in
cases where natural disasters, such as earthquakes or hurricanes, have caused
damage or injury.

Aims and Objectives: -

 To understand the defences of inevitable accident and Act of god.
 To find out the difference between them.

Research Methodology: -

Mostly doctrinal method and primary method of research was adopted in the making of this project. Few primary
and secondary methods were used. Some books and articles were referred and the internet through various
websites was used extensively for the collection of data which was required for the study needed for this
research.

Sources of data: -

Human history is divided into three

distinct eras: the Stone Age, the
Bronze Age, and
the Iron Age. These are not merely
technological stages, implying that
stone tools
and weapons were made during the
Stone Age, bronze tools and
weapons during the
Bronze Age, and iron tools and
weapons during the Iron Age.
These Ages imply far
more than technological
advancements. They imply
subsistence economies or
methods of food acquisition, social
organisation, including care for the
weak, sick,
and elderly, a mode of disposition
for the dead, and other facets of life.
The Stone Age is divided into three
distinct periods: the Palaeolithic or
Old Stone
Age, the Mesolithic or Middle
Stone Age, and the Neolithic or
New Stone Age. The
term lithic comes from the Greek
lithos, which means stone. The
terms Palaeolithic
and Mesolithic refer to the Old
Stone Age, Mesolithic to the
Middle Stone Age, and
Neolithic to the New Stone Age
Human history is divided into three
distinct eras: the Stone Age, the
Bronze Age, and
the Iron Age. These are not merely
technological stages, implying that
stone tools
and weapons were made during the
Stone Age, bronze tools and
weapons during the
Bronze Age, and iron tools and
weapons during the Iron Age.
These Ages imply far
more than technological
advancements. They imply
subsistence economies or
methods of food acquisition, social
organisation, including care for the
weak, sick,
and elderly, a mode of disposition
for the dead, and other facets of life.
The Stone Age is divided into three
distinct periods: the Palaeolithic or
Old Stone
Age, the Mesolithic or Middle
Stone Age, and the Neolithic or
New Stone Age. The
term lithic comes from the Greek
lithos, which means stone. The
terms Palaeolithic
and Mesolithic refer to the Old
Stone Age, Mesolithic to the
Middle Stone Age, and
Neolithic to the New Sto Research Methodology: -
For research work, researcher will be relying for upon secondary sources.

Primary Sources: -

 Court Cases
 Landmark Judgements

Secondary Sources-

 Books
 Websites
 Limitations:-

Since the researcher is a student of law, he has access to a limited area. The researcher
having read the content through various websites is able to understand the topic but its
practical implementation would have been clearer if some more cases were referred. The
researcher has limited time for the project. The historical need and background is also
necessary for having a bird’s eye view of the particular topic and it gets developed only by
effective and extended reading over a long period of time. But the required materials are not
available in our library. But still researcher with his hard work will manage to take out the best
possible work.

 Mode of citation:-

The researcher will follow Harvard Bluebook [20th edition]