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Legal Definitions - irresistible superhuman cause
Definition of irresistible superhuman cause
An irresistible superhuman cause, often referred to as an Act of God, is a legal term for an event that is caused exclusively by natural forces, without any human intervention, and that could not have been foreseen or prevented through reasonable care or foresight. These events are so powerful and unexpected that they are considered beyond human control, making it impossible for individuals or organizations to fulfill obligations or avoid harm.
Key characteristics of an irresistible superhuman cause include:
- It must be caused by natural forces (e.g., weather, geological events).
- It must be entirely outside of human control or influence.
- It must be unforeseeable or, if foreseeable, unpreventable even with reasonable precautions.
- It must be the sole cause of the damage or inability to perform an obligation.
Here are some examples illustrating an irresistible superhuman cause:
Example 1: Property Damage from Extreme Weather
A construction company is contracted to complete a building project by a specific date. However, an unprecedented, record-breaking blizzard hits the region, dumping several feet of snow and ice over multiple weeks, making it impossible for workers to access the site or for materials to be delivered safely. The blizzard is far more severe and prolonged than any historical weather data for the area would suggest.
Explanation: The extreme blizzard qualifies as an irresistible superhuman cause. It is a natural weather event, entirely beyond the construction company's control, and its unprecedented severity made it unforeseeable and unpreventable through reasonable planning. This event would likely excuse the company from liability for delays in completing the project.
Example 2: Agricultural Contract Failure
A farmer has a contract to supply a large quantity of a specific crop to a food distributor by the end of the harvest season. Just before harvest, a sudden, localized flash flood, resulting from an intense, unexpected downpour, completely submerges and destroys the entire crop. The flood was not predicted by weather services and occurred in an area not typically prone to such severe flooding.
Explanation: The unexpected flash flood is an irresistible superhuman cause. It is a natural event, beyond the farmer's control, and its sudden, unpredicted nature made it impossible to prevent the crop destruction. This event would likely relieve the farmer of their contractual obligation to deliver the crop, as performance became impossible due to forces outside their control.
Example 3: Shipping Delay Due to Geological Event
A freight company is transporting goods by rail across a mountainous region. An unexpected and massive landslide, triggered by natural seismic activity in a previously stable area, completely blocks the railway line for several weeks, causing significant delays in delivery. The landslide was not caused by any human activity and could not have been predicted or prevented.
Explanation: The landslide, caused by natural seismic activity, is an irresistible superhuman cause. It is a geological event, entirely outside the freight company's control, and its occurrence in a stable area made it unforeseeable and unpreventable. This event would likely excuse the freight company from liability for the delayed delivery, as the delay was caused by circumstances beyond their reasonable control.
Simple Definition
An "irresistible superhuman cause" refers to an event that is entirely beyond human power, foresight, and control. It describes an overwhelming force of nature or a similar occurrence that no human agency could have prevented or foreseen. Legally, it often serves as a defense, excusing liability when damage or failure to perform is directly caused by such an unavoidable and extraordinary event.