In the use of law throughout the English-speaking world, God's actions are a natural danger beyond human control, such as an earthquake or tsunami, which can not be held responsible for anyone. God's actions can be exceptions to accountability in contracts (such as under The Hague-Visby Rule); or perhaps "insured risk" in the insurance policy.
In contrast, other remarkable man-made or political events are considered force majeure .
Video Act of God
Contract law
In contract law, God's actions can be interpreted as implied defenses under the rules of impossibility or impracticability. If so, the promise is released due to unforeseen events, which can not be avoided and will result in delays, costs, or other insurmountable material offenses.
Under English common law, contractual obligations are considered sacred, so failure to honor contracts may lead to orders for specific performance or detention in the debtor's prison. In 1863, this harsh rule was softened by the case of Taylor v Caldwell which introduced the doctrine of contract frustration, which provides that "where the contract becomes impossible to do and no party is at fault, neither party can be excused ". In this case, the music hall was burned by the act of God before the lease contract could be fulfilled, and the court considered the contract despairing.
In other contracts, such as compensation, God's actions may be of no reason, and in fact may be the main risks assumed by promisors - eg, flood insurance or crop insurance - the only variable being time and rate the damage. In many cases, failure by ignoring the obvious risks because "natural phenomena" will not be enough to forgive the performance of obligations, even if the incidence is relatively rare: for example, the 2000 problem on the computer. Under the Uniform Commercial Code, 2-615, the failure to deliver the merchandise can be excused by the "act of God" in the absence of such action is the "basic assumption" of the contract, and the action has made deliveries "commercially impractical".
More recently, human activity has been claimed to be the main cause of some events to date regarded as a natural disaster. Especially:
- Water pressure at the dam releases a geological fault (earthquake in China)
- Geothermal injections from earth-provoking earthquakes (Basel, Switzerland, 2003)
- Drilling provokes volcanic mud (Java, 2008)
Such events may threaten the legal status of God's acts and may form a duty where nothing exists today.
Maps Act of God
Tort Law
English England - England and Wales
God's action is an unexpected natural phenomenon. Described by Lord Hobhouse at Transco plc v Stockport Metropolitan Borough Council as describes an event:
English - Scotland
God's action is described in Tennant v. Earl of Glasgow (1864 2 M (HL) 22) as: "The state which can not be opposed by man, and which human prudence is not bound to recognize that possibility, and when it happens, therefore , is a catastrophe that does not involve the obligation to pay the consequences that may result. "
United States
In the law of the lawsuit, an act of God may be defined as the type of cause, which can not prevent the cause or reduce the liability result (for example, but for earthquakes, poorly constructed old buildings will stand). However, predictable outcomes of unforeseen causes may still increase liabilities. For example, lightning strikes a ship carrying volatile compression gas, producing an expected explosion. Liability can be found if the operator does not use reasonable care to protect against sparks - regardless of their origin. Likewise, strict accountability can defeat the defense of God's action where the defendant has created a condition in which every accident will cause harm. For example, long-distance truckers take shortcuts on back roads and loads disappear when roads are destroyed in unexpected floods. Other cases find that public transport is not responsible for unforeseen natural forces. See eg. Memphis & amp; Charlestown RR Co. v. Reeves, 77 U.S. 176 (1870).
A very interesting example is that the "rainmaker" Charles Hatfield, who was hired in 1915 by the city of San Diego to fill the Morena reservoir with a capacity with rain water of $ 10,000. The area was immediately hit by heavy rains, almost overflowing dam dams, killing nearly 20 people, destroying 110 bridges (leaving 2), knocking down telephone lines and telegraphs, and causing about $ 3.5 million in total damage. When the city refused to pay him (he forgot to sign the contract), he sued the city. The flood was ruled by God's action, excluding him from obligation but also from payment.
In theology
The phrase "acts of God" is sometimes used to connect an event with divine intervention. Often used in conjunction with natural disasters or tragic events. A miracle, on the contrary, is often regarded as an accidental event associated with divine intervention. Some consider it apart from the natural act and relate to fate or destiny.
Christian theologians differ in their views and their interpretations of the scriptures. R.C. Sproul implies that God caused a catastrophe when he spoke of Divine Power: "In a universe set by God, there is no coincidence." Others show that God permits the tragedy.
Others accept unfortunate events as part of the life and reference of Matthew 5:45 (KJV): "because he makes the sun rise for evil and goodness, and sends rain upon the righteous and the unrighteous."
See also
- Force majeure
- Lawsuit against God
References
Source of the article : Wikipedia
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