Applicability of the Defence of Act of God in Environmental Damage : a Critical Appraisal

Abstract

Occurrences over which man has no control are referred to as "Acts of God." Some natural events that we experience today are very serious and recurrent. Flood or drought happens each year causing severe damage to the environment. Modern climatic patterns and the way that it brings loss and damage to people and the environment is not per se unforeseeable. However, not only individuals but also authorities ignore liability using the title as a defence, under the civil liability regime that governs recovery of damages for environmental damage. In this backdrop, this study examines whether the defendants who are handling environmental aspects within their purview, could ignore their legal duty simply because they shift the responsibility by labelling it as Acts of God. It is observed that modern jurisdictions have a limited approach towards this defence and apply strict liability against the defendants for environmental damage, if it is a non-delegable duty and a foreseeable damage. This is a qualitative study which is designed to compare selected jurisdictions with Sri Lankan law in the area of research. The study is based on the primary and secondary data, for its comparative analysis.