Law Society of Ontario (LSO) Paralegal Practice Exam

What does the term "Act of Nature/God" refer to in liability cases?

1. An unavoidable external cause resulting in harm

2. A legal technicality preventing court action

3. A contractual obligation to perform

4. A regulatory requirement for safety

The correct answer is: An unavoidable external cause resulting in harm

The term "Act of Nature/God" refers specifically to an event or phenomenon that is beyond human control, which can result in harm or damage. In liability cases, this concept acknowledges that certain events, such as natural disasters (e.g., earthquakes, floods, hurricanes), cannot be anticipated or prevented, and thus, a party may not be held liable for damages caused by these events. The essence of this concept is that the occurrence is an unavoidable external cause that directly leads to injury or loss, protecting individuals or entities from legal repercussions when they could not have reasonably taken actions to prevent such harm. The other options do not accurately capture the meaning of "Act of Nature/God." For example, a legal technicality would not relate to natural events but rather to procedural issues in law. A contractual obligation pertains to agreements between parties, which is unrelated to uncontrollable natural phenomena. Lastly, a regulatory requirement for safety typically involves mandatory measures that must be followed to prevent accidents or injuries, again showing a direct cause-and-effect relationship that differs from the unpredictability of an Act of Nature.