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HomeLegal MaximsActus Dei Nemini Facit Injuriam

Actus Dei Nemini Facit Injuriam

LITERAL MEANING

An act of God does not cause legal injuries to any person

ORIGIN

Latine, developed in the Medieval era in European countries that used Latin as their language for law and courts.

EXPLANATION

When an event or any natural calamity arises or takes place without any human intervention is known as “Act of God”. For which no one is responsible or held liable for any casualty or misfortune. The law does not hold a man to a legal duty where he is prevented from performing it by an act of God. These events are unnatural and takes place without any prior notice or at any time place irrespective of anything.

FORSEENABLITY-  Foreseeable means an event leading to the loss, caused by forces of nature that could not have been prevented by reasonable care or foresight

The event that is foreseen cannot be considered as an act of God. If nature’s act was foreseeable and a person’s negligence led to an event or accident, the judge can give a judgement or verdict for the negligence on part of that person.

ILLUSTRATION

Two parties enter into a contract for the supply of Stabilizers in another country through the ship. However, the seller to the contract could not deliver the goods due to a tsunami in that region.

The court helt that that the reason for the failure on the part of the seller to deliver goods to the buyer was not because of negligence on part of the seller but because of the tsunami which is considered as a natural disaster and an Act of God. Therefore, the defendant (seller) can take the defence of Actus Dei Nemini Facit Injuriam to evade liability

CASE LAWS

K. Shahjahan V/S Subramani Gounder (2008) 

In this case it was held that the maxims actus legis nemini facit injuriam would connote and denote that no one could raise any objection or complaint that he has been wronged by any steps taken by the Court.S

Shridhra Tiwari vs. U.P. State Road Transport

A bus of UPSRTC was traveling through a village where a cyclist out of nowhere had suddenly come in front of the Bus. In order to save that cyclist, the driver applied brakes as a result of which the Bus skidded on the wet road and its rear portion struck against the front portion of another bus. Here the defendant was not held liable at it was a sheer case of an inevitable accident.

Nicholas vs. Marshlands

In this case the defendant was not held for the liability because of the fact that embankments of an artificial lake were swayed by the unprecedented rainfall. The court held that though the Plaintiff suffered injury but the act was done be natural cause, so the defendant according to the doctrine of Actus Dei Nemini Facit Injuria can’t be held liable for the same.

Also Read: Conditions for the issue of Writ of Mandamus

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