Inevitable Accident / Unavoidable Accident
1. Inevitable accidents may occur by reason of the play of natural forces or by intervention of human agency or by both.
2. Traffic accident, train accidents, building collapses, etc. are the examples of this category.
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3. If the utmost care and caution are taken, an inevitable accident can be prevented or controlled.
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4. A very cautious person cars anticipate the inevitable accident.
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5. Their effect is limited to one or few persons concerning to that incident.
6. It is a branch of Act of God.
7. Strict liability can be imposed on the tortious liability occurred due to inevitable accidents.
8. The Courts have discretionary power in determining the defendant’s tortious liability in case of inevitable accidents.
Act of God or Vis Major
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1. Acts of God or Vis Major occur without intervention of human agency. They occur by reason of the play of natural forces.
2. Storms, earth-quakes, volcanic eruptions, etc. are the examples of Acts of God or Vis Major.
3. The modern man acquired high scientific technology. However he cannot prevent or control the Acts of God/Vis Major.
4. The modern technical know-how can notice the Acts of God before they occur, but they cannot control them.
5. Their effect Is extraordinary. It affects entire public of that area.
6. It is a genus,
7. Even strict liability can also not be imposed in cases of torts arising out of Acts of God.
8. The Courts have no discretionary power. They ought to give their judgment in justifying the defendant’s tortious liability arising out of Act of God.