EXPLAINER
Occurrences which are not controlled by human actions are termed as Act of God, which is a term often used by insurance companies.
As the deadly Morbi bridge collapsed in Gujarat on Sunday evening claiming over 130 lives so far, many are debating as to whether the mishap occurred through a human error or if it was an unavoidable incident, not in the control of humans.
Many are calling the Gujarat bridge collapse an ‘Act of God’, while others are calling this a mistake of the authorities involved in the renovation of the British-era bridge. Here is all you need to know about the legal term Act of God.
What is the Act of God clause?
Act of God is a phrase used by insurance companies and in legal jargon, to describe a natural event, which is out of the control of human actions. When it comes to legal usage, the act of god is described as a natural disaster, for which no person can be held responsible.
By definition, an act of God may be termed as a mishap or incident which occurs without any human action or intention, such as tornados, earthquakes, or tsunamis. The clause may amount to an exception to liability in contracts such as an insurance contract.
According to the laws in several countries, any event can be considered an act of God if it involves no human agency, is not realistically possible to guard against, and could not have been prevented by any amount of foresight, plans, and care.
The act of God clause is used by insurance agencies in several cases. Many insurance clauses are very specific about their coverage when it comes to acts of God. Some insurance companies don’t cover losses incurred due to act of God.
The laws regarding acts of God are different in every country, while some countries don’t recognize this term altogether. This debate was sparked when the opposition termed the Morbi incident as an “Act of Fraud”, while many said that bridges and roads getting destroyed in India have happened due to climate issues and acts of god.