Fact:
The plaintiff consigned some bales of
cloth to the defendants for conveyance. When they were carrying the goods by
one of the steamers of the defendant there was a tidal bore which resulted in
the oil tins, placed on the deck and damaged the bales of the cloth.
Issue:
The act of God will be applicable or
not?
Judgment:
Act of god will not be applicable.
Reasoning:
As to the pela of act of God Naidu C. j
held: We have no doubt that the tidal bore, which sweeps a ship in the mid
water is an act of God but it is thus clear that damage would not have
resulted, had not the oil tins been stacked and had not they been allowed to
fall down and empty their content into the hold.
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