Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: An act of God is an operation of natural forces so unexpected that no human foresight or skill could reasonably be expected to anticipate it.
FACTUAL SITUATION: The New Friends Club was celebrating it's 25th Anniversary and arranged for a concert by a leading musical group. The event was to be organized in one of the best auditoriums and all the tickets were sold out. On the day of the event, an earthquake destroyed many building including the auditorium. People who had purchased the tickets asked for refund from the New Friends Club as the show could not take place.
DECIDE.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: An act of God is an operation of natural forces so unexpected that no human foresight or skill could reasonably be expected to anticipate it.
FACTUAL SITUATION: The New Friends Club was celebrating it's 25th Anniversary and arranged for a concert by a leading musical group. The event was to be organized in one of the best auditoriums and all the tickets were sold out. On the day of the event, an earthquake destroyed many building including the auditorium. People who had purchased the tickets asked for refund from the New Friends Club as the show could not take place.
DECIDE.
The correct option is C The New Friends club or any one else need not refund the cost of tickets as it is an Act of God.
- The principle of Act of God is a valid defence in law of torts. Its essentials were stated in the case of Transco Plc v Stockport Metropolitan Borough Council as follows:
(1) it involves no human agency (2) it is impossible to prevent through human intervention (3) it is caused due to operation of natural forces (4) it could not have been foreseen through any amount of human foresight, plan or care. - Complete operation of Act of God, like the earthquake in this case, absolves the defendant of any liability to compensate the plaintiffs. This is also an established fact in case of cancelled flights due to bad weather.
- The principle of Act of God is a valid defence in law of torts. Its essentials were stated in the case of Transco Plc v Stockport Metropolitan Borough Council as follows:
- Complete operation of Act of God, like the earthquake in this case, absolves the defendant of any liability to compensate the plaintiffs. This is also an established fact in case of cancelled flights due to bad weather.
