"Act of God"

Steve

Just wondering - and given the recent volcano stuff- how valid is the wording "Act of God" in an Irish court?

Has it ever been challenged? Has the existence of a deity ever been questioned legally and has anyone ever asked for proof that said deity actually caused said 'act'?


I'm not trolling, I'm genuinely interested!


There must be hundreds of people who are currently being denied travel insurance cover over this

consultech

Although I wouldn't ordinarily be the most deferential as to AH's capacity to provide learned opinion - legal or otherwise - I think your query is well answered in the first couple of posts in the following thread:

http://boards.ie/vbulletin/showthread.php?t=2055886948

Steve

I accept the layman interpretation but at the end of the day, surely it's up to a Judge to interpret this into a 'real world ' decision.

My question remains, has this ever been challenged in court?

Victor

The constitution acknowledges God, doesn't it?

"Act of God" is a legal principle, not to be taken literally, so I think it would stand.

Steve

Victor wrote: »

The constitution acknowledges God, doesn't it?

Fair point. I don't know, does it? - does it provide a legally enforceable definition?

"Act of God" is a legal principle, not to be taken literally, so I think it would stand.

I agree - that's what's commonly accepted - I'm just asking where or on what basis has this become enshrined in law.

Tom Young

Steve wrote: »

Fair point. I don't know, does it? - does it provide a legally enforceable definition?

I agree - that's what's commonly accepted - I'm just asking where or on what basis has this become enshrined in law.

It is a legally enforceable definition under Tort and Contract Law. I am not sure of where its precise origin stems in terms of the law but I suggest it is possibly from old insurance law and contract, specifically within the doctrine of impossibility and/or frustration.

I see Wikipedia has an entry: http://en.wikipedia.org/wiki/Act_of_God

Challenging it would be as useless as a chocolate teapot.

Tom

Steve

Tom Young wrote: »

It is a legally enforceable definition under Tort and Contract Law. I am not sure of where its precise origin stems in terms of the law but I suggest it is possibly from old insurance law and contract, specifically within the doctrine of impossibility and/or frustration.

I see Wikipedia has an entry: http://en.wikipedia.org/wiki/Act_of_God

Challenging it would be as useless as a chocolate teapot.

Tom

Thanks Tom.

It leaves me wondering: what would happen if - for example - a non Christian was to claim that that something was an act of their 'God'.

Would it be given the same consideration in law as an act of the obviously more popular Christian 'God' ?

hmmm.

Tom Young

We can move this over to the philosophy thread if you want?

Basically, this is merely a name for a concept. You can swap God out for Nature etc. In terms of another thread running here about oaths on the bible. The Koran is also available and indeed you can be bound to your own oath if the bible, koran etc. is insufficient.

Now, just confirm that you're happy that we're done with the legal meaning here?

Tom

Steve

Fair enough.

I don't feel my question has been answered but if you feel the issue is not for here then so be it.

Paulw

A film that raises that exact question. Quite a funny film and worth seeing.

http://www.imdb.com/title/tt0268437/

It's a very interesting concept though.

nuac

Steve, "Act of God" = a long used phrase for something outside human control.

Do not recommend you go into any busy court, and all courts are busy nowadays, querying whose God and whether He or any God exists etc.

The mildest comment you could expect from the bench is to get out more.

Maximilian

Act of God is merely a phrase used to describe events completely out of the control of human beings. It does not actually mean an insecure bearded sociopath on a cloud igniting volcanoes or however you choose to describe him/her/it/them.

You will often see its meaning defined in contracts - what is deemed to be an Act of God or what isn't. Insurance contracts in particular for obvious reasons.