Question

Nichols v. Marsland (1876) is an English case that established the defence of __________.

• A. Inevitable accident
• B. Necessity
• C. Plaintiff the wrongdoer
• D. Act of God

Hint:

The defense of "Act of God" applies to extreme and unforeseeable natural events. The bursting of dams due to extraordinary rainfall in Nichols v. Marsland is the classic example.

Answer 1

The Correct Option is D

The case of Nichols v.
Marsland is a landmark English case in the Law of Torts that helped establish the defense of Act of God.
In this case, the defendant had created artificial lakes on his land by damming a natural stream.
An unprecedented and extraordinarily heavy rainfall caused the dams to burst, and the resulting flood damaged the plaintiff's bridges.
The court held that the defendant was not liable.
It ruled that the incident was caused by an "Act of God"—a natural catastrophe so extraordinary that no reasonable human foresight could be expected to anticipate or provide against it.