Inevitable accident is an instance in Tort law that stipulates a person cannot be liable for an accident that was unforeseeable unwarranted and that could not have been prevented by the exercise of reasonable care .Reasonable care means that person is not supposed to have extra ordinary skills to prevent that harm. It is basically defined on the basis of negligence , duty and proximity cause.

An accident is"one out of the ordinary course of things, something so unusual as not to be looked for by a person of ordinary prudence." All causes of inevitable accident may be divided into two classes1

Those which are occasioned by the elementary forces of nature unconnected with the

agency of man or other cause

Those which have their origin either in the whole or in part in the agency of man, whether

in acts of commission or omission, nonfeasance, or in any other causes independent of the

agency of natural forces. The term "Act of God" is applicable to the former class.

We can’t state an accident as inevitable just because it arose out of Act Of God2 but also when it becomes almost impossible to prevent that accident despite maintaining all reasonable care and precautions.

In the very heart of Tort law it is mentioned that if there is any harm inflicted upon any person by any manner then some remedies or damages must be sought through the court to restitute the position of plaintiff which stipulates the concept of Tortious liability.

What are exceptions

1 As stated by Greene M.R.2  Act of God may be defined as circumstances which no human foresight can provide against any of which human prudence is not bound to recognize the possibility, and which when they do occur, therefore are calamities that do not involve the obligation of paying for the consequences that result from them.

What is the purpose for the concept of Inevitable Accident as an exception to tort liability?

What was the concept behind introducing defences for Inevitable Accidents ?

What is the standard of care that a party is require to uphold before he/she is eligible to claim the defence of inevitable accidents?

Is inevitable accident is complete defence from all tortuous liablity