Defenses: Fortuitous Event

Question 1

An Act of God

Answer 1

An accident due directly and exclusively to natural causes without human intervention which by no amount of foresight, pains or care, reasonably to have been expected, could not have been prevented.

Occasioned exclusively by the violence of nature, all human agencies excluded from creating or entering into the cause of the mischief.

Question 2

Elements of Fortuitous Events

Answer 2

1. Cause of the breach of obligation must be independent of human will of the debtor
2. Event must be impossible to foresee, or although foreseeable, impossible to avoid
3. Event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner
4. Debtor must be free from participation or aggravation of injury to the creditor

Question 3

DOCTRINE OF ACT OF GOD

Answer 3

When the cause of the injury is found to be in part the result of the participation of man, whether it be from active intervention or neglect, or failure to act, the whole occurrence is thereby humanized as it were, and removed from the rules applicable to an Act of God.

If upon happening of an act of God or fortuitous event, there concurs a corresponding fraud, negligence, delay, or violation or contravention in any manner of the tenor of the obligation which results in loss or damage, the obligor cannot escape liability.

The whole occurrence becomes humanized and removed from the rules applicable to acts of God.

One who creates a dangerous condition cannot escape liability for the natural and probable consequences thereof, although the act of a third person, or an act of God for which he is not responsible, intervenes to precipitate the loss

Question 4

Implied warranty of owner of public amusement place

Gotesco v. Chatham

Answer 4

The owner or propietor of a place of public amusement impliedly warrants that the premises, appliances and amusement devices are safe for the purpose of which they are designed, the doctrine being subject to no other exception or qualification than that he does not contract against unknown defects not discoverable by ordinary or reasonable means