ACT OF GOD

Chambers's Encyclopaedia, Volume 1: A to Beaufort, p. 41

ACT OF GOD is a legal expression, and signifies any occurrence not caused by human negligence or intervention; such as storms, lightning, tempests, the consequences of which no party under any circumstances (independently of special contract) is bound to make good to another. The chief applications of the term are in Insurance, where Act of God is an exception to the liability of the insurer; and in the law of contract, where Act of God often excuses from performance.

In the United States, an act signifies something done for which the person doing is responsible; something done by an individual in his private capacity, or as an officer; or by a body of persons, as an association, corporation, legislature, or court. It includes not only physical acts, but also decrees, orders, resolutions, and laws. An act indicates intention. In criminal matters, an act does not make the actor criminal unless the intention was criminal. An act is also an instrument in writing to verify facts. A public act is one that has public authority, made public by authority, or attested by a public seal; one pertaining to the whole community, while a private act operates upon particular persons and private concerns.

Source scan(s): p. 0054