How Force Majeure Is Different From Act Of God?

How Force Majeure Is Different From Act Of God?

Any accidents that could not have been foreseen or prevented by the due care and diligence of any human being involved in it , are said to be inevitable accident.

In another definition, An Inevitable accidents are those unavoidable accidents which could not by any possibility is prevented from happening by the exercise of ordinary care, Caution and skill. It does not apply to anything which the party to the accident can avoid or could have avoided.

It also includes any force which cannot be controlled by any human being.

Force majeure is a common clause in which contracts essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic or sudden legal changes prevents one or both parties from fulfilling their obligations under the contract.

Whereas, An act of God is an uncontrollable event, such as tornadoes, not caused nor controlled by humans.

So, both concepts elicit the same consequences in law.

Generally, an “Act of God” is understood to include only natural unforeseen circumstances, whereas force majeure is wider in its ambit and includes both naturally occurring events and events that occur due to human intervention.

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