Torts - Vis Major

Question 1

Sri Ram Educational Trust and Ors. v. Meetabhai and Anilbhai Patel

Answer 1

National holiday - children called to school - built within 2 months - soil test failed - school collapsed during earthquake - defence of vis major failed due to inherent negligence while building the school

Question 2

Kallu Lal v. Hemchand

Answer 2

Thela - wall collapses due to rainfall - falls on P’s children - defendant claimed inevitable accident - wall was in an ill maintained state and was near a highway - maybe the wall collapsed due to rainfall - court held necessary steps could’ve prevented this accident

Question 3

Nichols v. Marsland

Answer 3

artificial lake - necessary margins taken care of - heavy rainfall caused damage to 4 bridges maintained by P - D claimed act of god ( unforeseeable, unprecedented & irresistible ) - even if the above was not true the accident could not have been prevented - court agreed to this contention

Question 4

Mandiranath Mukherjee v. Mathuradas Chaturbhuj

Answer 4

Person put up hoarding - excessive wind and rainfall caused the collapse - injured a person - D claimed act of god - court said that the windspeed was normal and the D could’ve taken better care, proper location could’ve been chosen and a local use of thread with heavy frame could’ve been avoided - Court held that act of god wouldn’t be applicable in this case