Question

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 Surya Club was celebrating its 50th anniversary and arranged for a concert by a leading musical group. The event was to be organized in Great Palace auditorium in the coastal area. All the tickets were sold out. On the day of the event, the tsunami destroyed many of the buildings including the auditorium. People who purchased the tickets asked for refund from the Club as the show could not take place.
DECIDE.

• A. The management of the Auditorium must refund the cost of tickets as they got money from the Club
• B. The Club must refund the cost of tickets as the people were not at fault
• C. The Club is not liable to refund the ticket but the ticket holders can demand the show to be organized at a later point of time
• D. Neither the management of the Auditorium nor the Club is liable to refund the money

Answer 1

The correct option is C The Club is not liable to refund the ticket but the ticket holders can demand the show to be organized at a later point of time

Act of God is a good defence in tort cases. It refers to any accident caused by natural forces without any human intervention and beyond human foresight. It can relieve a person of liability for torts if an act of God was the sole and proximate cause of injury. In general, flight companies or railways are not required to refund prices of tickets as the first step after cancellation due to bad weather. The money is usually utilized to make some other arrangements in the earliest possible time.

Hence, C is the correct option.