Act of godVis majorCourt of Appeal (England)

Nichols v Marsland

(1876) 2 Exchequer D 118761 min read
The case in brief30-second read
Facts
The defendant had constructed ornamental lakes on his land using reasonably constructed embankments. An extraordinary rainstorm, far exceeding anything previously recorded in the area, caused the lakes to overflow.
Issue
Whether damage caused when artificial lakes overflowed during an extraordinary, unprecedented rainstorm was excused as an act of God.
Held
The rainstorm was of a genuinely extraordinary, unprecedented character.
Principle
An act of God requires a genuinely extraordinary natural event, of a character no reasonable foresight could have anticipated or guarded against.
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Facts

  • The defendant had constructed ornamental lakes on his land using reasonably constructed embankments
  • An extraordinary rainstorm, far exceeding anything previously recorded in the area, caused the lakes to overflow
  • The embankments burst, flooding and damaging the plaintiff's adjoining property
  • The plaintiff sued, arguing this fell within the Rylands v Fletcher strict liability rule

Issue

  1. Whether damage caused when artificial lakes overflowed during an extraordinary, unprecedented rainstorm was excused as an act of God.

Held

  • The rainstorm was of a genuinely extraordinary, unprecedented character
  • No reasonable foresight could have anticipated or guarded against a storm of this severity
  • This satisfied the act of God defence, excusing the defendant despite the otherwise applicable strict liability framework
  • The defendant was not liable

Ratio decidendi

Act of God excuses liability where the natural event causing the escape or damage is genuinely extraordinary, unprecedented, and beyond what reasonable foresight and precaution could have anticipated or guarded against. An ordinary, foreseeable natural event does not satisfy this demanding threshold.

Exam use

How to use it in an answer

  • Part A: Defines the demanding threshold for act of God: extraordinary, unprecedented, beyond reasonable foresight.
  • Part B: Pair with Rylands v Fletcher to illustrate act of God as one of the recognised exceptions to strict liability.
  • Key line: "An extraordinary, unprecedented rainstorm constituted an act of God, excusing liability despite strict liability."

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Citation

Nichols v. Marsland (1876) 2 Exchequer D 1

Reported: (1876) 2 Ex D 1. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.