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Example
Case laws
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Actus Dei nemini facit injuriam
| Literal meaning | An act of God harms no one |
|---|---|
| Pronunciation | AK-tus DAY-eye NEM-ih-nye FAH-kit in-JOO-ree-am |
No one is held responsible for loss caused by an act of God, a natural event that no human care could prevent. It is a defence in tort.
Example
An unprecedented cyclone destroys a warehouse. The owner is not liable to the customers whose goods were lost.
Case laws
- Nichols v. Marsland (1876), Court of Exchequer Chamber, England: an extraordinary rainfall burst the defendant's artificial lakes and flooded the plaintiff's land. Held: the defendant was not liable, because the flood was an act of God.
Exceptions / limits
The event must be extraordinary and not one that could be foreseen and guarded against by reasonable care.
Exam tip
Asked as a defence to strict liability under Rylands v. Fletcher.
Memory trick
Nature did it, no one is to blame.
Key takeaway
Loss from an extraordinary natural event is not the defendant's liability.
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