But this case from the beginning have faced a problem of the address of god where he can be notified which is very essential for a case to proceed and even by various replies of petitioner based on the acknowledge of god done by court in this particular case god is acknowledged about the case filed against him. Defenses to tort are many: namely, Necessity, Vis Major/Force Majeure/Act of God, Inevitable accident, Plaintiff’s wrongdoing, Act of third party, Volenti non fit injuria and many more. In the history of legal field there are two cases which have attracted the attention of people by suing the god.In this case the Pavel M. a Romanian prisoner serving 20 year imprisonment after getting convicted for committing murder filed the suit against Romanian Orthodox Church as the representative of god in Romania for failing to prevent him from devil and has also mentioned his baptism as binding contract. ... then that is a defense. Where previously both the cause were dealt separately now act of god is included under the wide ambit of Force Majeure and this can be observed in many contract and policy papers.After going through all the sources, I conclude saying that the defense of Act of God (Vis Major) and Force majeure are not absolute and have changed considerably in changing times. If there is an act of god than it is also defense. An act of God is an uncommon, extraordinary and unforeseen manifestation of the forces of nature, or a misfortune or accident arising from inevitable necessity. For example, under the law of tort, a valid defense can … I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton KillmonBrien Roche is a personal injury attorney serving Northern Virginia, Washington DC, and Maryland.
An act of God clause in a contract does not imply that no one is liable for damages.

It has also specified the clause Smt. This suit was dismissed as defendant not being a person or company and stating the civil suit not being in jurisdiction of the court.In the U.S. state of Nebraska, State Senator Ernie Chambers filed a suit in 2008 against God, seeking a permanent injunction against God’s harmful activities this was done with an objective to publicizing the issue of public access to court system.

A natural disaster, such as a flood or an earthquake, usually isn't foreseeable or preventable. This clause along with the clause of force majeure can be seen and observed in various policy and agreement papers of insurance and other contract where the clause of both Act of God and Force Majeure can be find mentioned as the defense to the parties to the contract if the obligation was not fulfilled because of the uncontrolled force of nature or incident like wars and machinery or act of states which can be beyond control. The ‘act of God’ defence is based on the tort law principle that liability must be founded on a fault — and that a person cannot be penalised where the real fault is that of a ‘vis major’ — or ‘act of God’ — where all precautions were taken, and a casualty still occurred. As Act of God now runs under the clause of force majeure so in this projects both these will be dealt. Defendants alleged extraordinary flood is Act of the divine or of God defined as any accident due to natural cause directly and exclusively without human intervention such as could not have been prevented by any amount of foresight.Floods in this case were so unusual as to qualify as acts of God.“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Where the Act of God is still much or less the same with some minor changes mostly in the language and its interpretation the Clause of Force Majeure has got its ambit wider and now is even including Act of God in itself, hence both the clauses in a broader meaning are not separate any more. This case went through appeal to the Supreme Court of Nebraska where it was finally rejected on the very same ground of address.In this case the judges of the case rejected the fact that force majeure is different than vis major and rejected the case on this ground even mentioned that both the clause included only and only the supernatural forces causing any unforeseen event hence only act of god, and other event which are not under Act of God in other words are not natural events cannot plea for defence of Force majeure or Act of God or inevitable accidents.The honorable court defined force majeure with all its characteristics and exception for the first time but even in judgment mentioned about the subjectivity of the clause and the discretion of court to decide whether a situation will be in force majeure or not for that case.The judgment of this case gave the test of remote and primary cause test for the cases of act of god (Vis major) and Force Majeure.


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