| Noun | 1. | act of God - a natural and unavoidable catastrophe that interrupts the expected course of events; "he discovered that his house was not insured against acts of God" |
ACT OF GOD, in contracts. This phrase denotes those accidents which arise
from physical causes, and which cannot be prevented.
2. Where the law casts a duty on a party, the performance shall be
excused, if it be rendered impossible by the act of God; but where the
party, by his own contract, engages to do an act, it is deemed to be his own
fault and folly that he did not thereby provide against contingencies, and
exempt himself from responsibilities in certain events and in such case,
(that is, in the instance of an absolute general contract the performance is
not excused by an inevitable accident, or other contingency, although not
foreseen by, nor within the control of the party. Chitty on Contr. 272, 8;
Aleyn, 27, cited by Lawrence; J. in 8 T. R. 267; Com. Dig. Action upon the
Case upon Assumpsit, G; 6 T. R. 650 ; 8 T. R. 259; 3 M. & S. 267 ; 7 Mass.
325; 13 Mass. 94; Co. Litt. 206; Com. Dig. Condition, D 1, L 13; 2 Bl. Com.
340; 1 T. R. 33; Jones on Bailm 104, 5 ; 1 Bouv. Inst. n. 1024.
3. Special bail are discharged when the defendant dies, Tidd, 243 ;
actus Dei nemini facit injuriam being a maxim of law, applicable in such
case; but if the defendant die after the return of the case and before it is
filed, the bail are fixed. 6 T. R. 284; 6 Binn. 332, 338. It is, however, no
ground for an exonerator, that the defendant has become deranged since the
suit was brought, and is confined in a hospital. 2 Wash. C. C. R. 464, 6 T.
It. 133 Bos. & Pull. 362 Tidd, 184. Vide 8 Mass. Rep. 264; 3 Yeates, 37; 2
Dall. 317; 16 Mass. Rep. 218; Stra. 128; 1 Leigh's N, P. 508; 11 Pick. R.
41; 2 Verm. R. 92; 2 Watt's Rep. 443. See generally, Fortuitous Event;
Perils of the Sea.
About this site and copyright information - Online Dictionary Home