Mikefule
Justified & Ancient
- Joined
- Dec 9, 2009
- Messages
- 1,442
- Location
- Lincolnshire UK
Different legal principles.I'm pretty sure my recent travel insurance policy exempted 'force majeur' events, but that's not really God, is it?
Act of God is/was the term for an unforeseeable and serious wholly natural event which could not be guarded against. A person could not be held legally liable for an Act of God.
If an underwater landslide in the North Sea causes a tsunami to come ashore and knock my fence onto your parked car, I am not liable for the damage to your car. That is an "Act of God". On the other hand, if my fence is blown over onto your car on an average blustery day, then I may be liable because the fence was poorly made or maintained. That is "negligence".
Force majeure is a set of manmade circumstances such as war outside the control of the party concerned, which make a specific course of action impossible. The terms of a contract may not apply in cases of force majeure.
For example, if a factory is suddenly hit by a terrorist attack, force majeure may apply and the factory owner may not be in breach of contract for being unable to supply goods that would have been made if the factory had not been damaged. However, if the factory was closed because of a labour dispute between management and workers at the factory, that would not be force majeure.
Last edited: