Question: What does an “Act of God” mean in civil cases?
Answer: Acts of God may negate liability. An act of God is the manifestation of a superhuman power which breaks the chain of causation in the realm of human activity. It upsets the best-laid plans and spoils all calculations. Because its coming is beyond the scope of man’s prevision and its power beyond his strength to resist, he is not liable for the consequences. An ‘act of God’ has been referred to as an unusual, extra ordinary, sudden and unexpected manifestation of the forces of nature which cannot be resisted; an extraordinary convulsion of nature, against which the aids of science and skill are of no avail; an accident produced by physical causes which are irresistible. If due care in providing against the danger would have prevented or avoided the unforeseen danger which actually arose and caused the injury, then, the negligence in failing to use such care must be regarded as the proximate cause of the injury if acting alone, and if acting in conjunction with another force, such as the act of God, it must be deemed a concurring proximate cause. On the other hand, if the observance of due care in providing against known dangers would not have prevented or turned aside the danger which arose and produced the injury, then, the failure to observe such care could not be regarded as a proximate cause of the injury.
