Legal maxim

The maxim “Actus Dei Nemini Facit Injuriam” literally means “an act of God causes legal injury to no one”. This basically means that whatever harm has been caused by God, that is nature will not be compensated by the Law. This also extends to explain that the act of God is inevitable and one cannot demand any action against it. This maxim finds its application in the Law of Torts where the defendant does not have to compensate for actions that caused injury to the plaintiff but were out of the hands of the defendants. There are certain conditions which has to be kept in mind while this maxim is being used. The first says that the act which has caused injury to the plaintiff should be such that it is caused by natural forces. Second, it says that the act must be extraordinary and unreasonable. Finally, it says that the act should be beyond the powers of a normal human being.

Nicholas v. Marsland

In this case, the unprecedented rain had caused the several artificial lakes of the defendant to overflow and cause a destruction in the bridge formed by the plaintiff. The Court held that the unprecedented rain was an act of God and according to the maxim of Actus Dei Nemini Facit Injuriam, the defendant was not liable to make any compensation to the plaintiff.

Shridhar Tiwari v. Uttar Pradesh State Road Transport

In this case, a cyclist came out of nowhere in front of a bus which was travelling through the village. In order to save the cyclist, the bus applied brakes which led to its skidding on the wet road. This in turn resulted in the back of the said bus to collide with the front of another bus. The Court held that since the accident was and inevitable occurrence it would be right to assume that the maxim of Actus Dei Nemini Facit Injuriam finds its application here and thus the defendant was not liable to any compensation.