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Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Denis Binder
Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder
Denis Binder
Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …