Tuesday, 31 May 2022

actus dei nemini facit injuriam

 Actus Dei Nemini Facit Injuriam



The Actus Dei Nemini Facit Injuriam states that "God 's action does not result in legal action against anyone". In other words, no one is responsible for anything beyond human ability. This includes any damage caused by unnatural forces, which will not be covered by law. It means that the law cannot place anyone who is guilty of an act of God which is ‘force majeure’. Likewise, no one can complain of any act of God because such an act is inevitable. Even any legal action or claim for compensation against the act of God will not be considered by the Court.


The act of God is used as a defense tool in cases of torts where the situation is beyond the control of the defendant and the damage is caused by the forces of nature. In such a case, the defendant will not be liable for criminal law for such unintentional damages. Two key factors are required in the use of such defenses. First, there must be natural energy efficiency. Second, the occurrence should be unusual and without thought. And in the end, it has to be beyond human ability.


Looking at Nadar v. Narayana Reddiar (AIR 1971 Ker 197) plaintiff had a contract with the defendant to transport the goods. But the property was looted by a mob that was beyond the control of the defendant. It was thought that "every incident beyond the control of the accused could not be called the Law of God" and that "the destructive actions of an unruly mob could not be considered an act of God". It was also resolved in this case that actions that could be traced back to the forces of nature and that could not be linked to the intervention of human organization could be useful to God.


Similarly, in Nicholas v. Marsland (1876) 2 EXD 1, defendant had several pools to be made in his country. Unprecedented rainfall caused the shores of the lakes to burst and the water to flow over the plaintiff's bridges. It was assumed that the plaintiff's bridges were broken by God's action and that the defendant was innocent.


Conclusion 

Actus dei nemini facit injuriam is a legal maxim which means that the natural forces action can not result in any legal damage to any person , a person can not be held liable for something which is force majeure , in law of torts it acts as an exception and as a protection against the damages . The act of God is used as a defense tool in cases of torts where the situation is beyond the control of the defendant and the damage is caused by the forces of nature. In such a case, the defendant will not be liable for criminal law for such unintentional damages. Two key factors are required in the use of such defenses. First, there must be natural energy efficiency. Second, the occurrence should be unusual and without thought. And in the end, it has to be beyond human ability.


No comments:

Post a Comment

Privity of Contract

 PRIVITY OF CONTRACT By: Robin Pandey Date: 04/03/2022 The doctrine of "privity of contract" means that a contract is cont...