Aryan 26 February 2021

Act of god

X created a series of artificial lakes and built embankments to contain them. One day due to extreme rainfall, the embankments broke and the water washed away four houses owned by Y. Can X use the act of god as a defense?

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 26 February 2021

1. "IF" the "artificial lakes /embankments" were legally built after due sanction by the relevant authorities, THEN the defense plea of "act of god" may be helpful during involuntary destruction due to rains.

Keep Smiling .... Hemant Agarwal
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Kevin Moses Paul 27 February 2021

The person 'X' can use the doctrine of "Act of God", if such a construction took place legally and dully authorized by respective authorities of the Government.

If no proper permission was granted by government authorities for such a construction, then he can not use the doctrine of "Act of God", but if it was authorized properly then he can use the same, as it was not his intention to cause any such damage purposefully.

In absence of proper permission, the court may order for suitable compensation for the loss incurred by "Y".

Hope It Helps

Regards
Kevin M. Paul