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15 Rev. Litig. 1 (1995-1996)
Act of God? or Act of Man?: A Reappraisal of the Act of God Defense in Tort Law

handle is hein.journals/rol15 and id is 7 raw text is: Act of God? or Act of Man?: A Reappraisal of the Act of God Defense in Tort Lawt Denis Binder* Table of Contents I. Introduction ........................... 1 II. History of the Act of God Defense ............. 5 III. Act of God in American Jurisprudence ......... 13 IV. Act of God as a Causation Issue .............. 25 V. Negligence .......................... 30 VI. Architects and Engineers ................... 33 VII. Critique of the Act of God Defense ........... 38 VIII. Environmental Perspective .................. 52 IX. Strict Liability and the Act of God ............ 61 X. Act of God as a Duty Issue ................. 65 XI. Conclusion .......................... 78 I. Introduction One who knows the Mississippi will promptly aver-not aloud, but to himself-that ten thousand River Commissions, with the mines of the world at their back, cannot tame that lawless stream, cannot curb it or * The phrase act of man is not gender neutral and would normally be inappro- priate usage. However, because the phrase act of man is the language historically used by courts and commentators, this Article also uses it. * Professor of Law, Western New England College. A.B. 1967, J.D. 1970, University of San Francisco; LL.M. 1971, S.J.D. 1973, University of Michigan. The Author wishes to thank Professor Donald Dunn and Michelle Dill LaRose of the Western New England College Law Library; Barbara Falvo and Jo Ann Spinelli for their assistance; Dean Howard Kalodner for his support over the years; Dean Joan Mahoney and Brian J. Stammer, Esq., of Montreal, for their suggestions and help.

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