ACT OF GOD

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ACT OF GOD

ACT OF GOD, in contracts. This phrase denotes those accidents which arise from physical causes, and which cannot be prevented. 2. Where the law casts a duty on a party, the performance shall beexcused, if it be rendered impossible by the act of God; but where theparty, by his own contract, engages to do an act, it is deemed to be his ownfault and folly that he did not thereby provide against contingencies, andexempt himself from responsibilities in certain events and in such case,(that is, in the instance of an absolute general contract the performance isnot excused by an inevitable accident, or other contingency, although notforeseen by, nor within the control of the party. Chitty on Contr. 272, 8;Aleyn, 27, cited by Lawrence; J. in 8 T. R. 267; Com. Dig. Action upon theCase upon Assumpsit, G; 6 T. R. 650 ; 8 T. R. 259; 3 M. & S. 267 ; 7 Mass.325; 13 Mass. 94; Co. Litt. 206; Com. Dig. Condition, D 1, L 13; 2 Bl. Com.340; 1 T. R. 33; Jones on Bailm 104, 5 ; 1 Bouv. Inst. n. 1024. 3. Special bail are discharged when the defendant dies, Tidd, 243 ;actus Dei nemini facit injuriam being a maxim of law, applicable in suchcase; but if the defendant die after the return of the case and before it isfiled, the bail are fixed. 6 T. R. 284; 6 Binn. 332, 338. It is, however, noground for an exonerator, that the defendant has become deranged since thesuit was brought, and is confined in a hospital. 2 Wash. C. C. R. 464, 6 T.It. 133 Bos. & Pull. 362 Tidd, 184. Vide 8 Mass. Rep. 264; 3 Yeates, 37; 2Dall. 317; 16 Mass. Rep. 218; Stra. 128; 1 Leigh's N, P. 508; 11 Pick. R.41; 2 Verm. R. 92; 2 Watt's Rep. 443. See generally, Fortuitous Event;Perils of the Sea.

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