An irresistible superhuman cause refers to a natural event, like an earthquake, flood, or tornado, that cannot be prevented or avoided. It is also commonly referred to as an act of God. This event is so unforeseen that no human could reasonably predict or prevent it. It is not caused by human actions and cannot be avoided through reasonable care. It serves as a defence against liability in legal matters.
The term “irresistible superhuman cause” pertains to a phenomenon that is overpowering and unavoidable, brought about solely by natural occurrences like floods, earthquakes, or tornadoes. This definition has been expanded to encompass all extraordinary and inevitable natural events, the consequences of which could not have been averted or forestalled even with the exercise of reasonable care or foresight. For instance, if a hurricane topples a tree onto a car, it would be classified as an act of God, as the individual could not have prevented the tree from falling despite taking all necessary precautions. Similarly, if a sudden earthquake causes a building to crumble, resulting in injuries or fatalities, it would also be deemed an act of God, as the earthquake was an overwhelming and unpreventable event caused exclusively by natural forces. In both cases, the events were triggered by natural forces beyond human control, and the effects could not have been prevented or avoided through the exercise of reasonable care or foresight.
An Irresistible Superhuman Cause refers to an unforeseeable and uncontrollable event caused by a superhuman force, such as a natural disaster or an act of terrorism, that makes it impossible for a party to fulfill their legal obligations.
Yes, an ISC can be used as a defence if it can be proven that the event was truly irresistible and beyond the control of the party involved.
To determine if an event qualifies as an ISC, courts typically consider factors such as the foreseeability of the event, the level of control the party had over the situation, and whether reasonable measures were taken to prevent or mitigate the impact of the event.
Yes, if an ISC occurs and prevents a party from fulfilling their contractual obligations, it can excuse them from liability for breach of contract. However, this depends on the specific terms and conditions outlined in the contract.
Including an ISC clause in a contract is not mandatory, but it is highly recommended. This clause helps define the parties’ rights and obligations in the event of an ISC, providing clarity and protection for both parties.
Yes, if an ISC renders the performance of a contract impossible or impracticable, it can be used as a valid reason to terminate the contract.
Insurance policies often have specific provisions regarding ISC events. Depending on the policy terms, losses caused by an ISC may be covered, but it is essential to review the policy language and consult with an insurance professional.
An ISC defence is typically not applicable in criminal cases. Criminal liability is generally based on intentional or negligent actions, and an ISC does not absolve a person from criminal responsibility.
In some cases, an ISC can toll or suspend the statute of limitations, giving parties additional time to file a lawsuit. However, this depends on the jurisdiction and the specific circumstances surrounding the ISC.
Yes, an ISC can be invoked in employment disputes if it can be shown that the event was beyond the control of the employer or employee and made it impossible to fulfill their obligations. However, the specific employment laws and contractual agreements will determine the extent to which an ISC defence can be used.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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