PGLAW 2019 Panjab University Entrance Exam With Answers

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58.

An Unexpected Thunderstorm Beyond Reasonable Perception Struck A's House And Destroyed It. He Sued The Contractor Of The House For The Same. The Contractor Can Take The Defence Of

A: Volenti Non-Fit Injuria
B: Act Of God
C: The House Was Not Insured
D: None Of The Above

The answer is: B

Explanation

In this scenario, the contractor of the house cannot be held liable for the destruction caused by the thunderstorm as it was an Act of God, which is an unforeseeable event that is beyond human control.

Therefore, the correct defense that the contractor can take is B: Act of God. This defense is also known as force majeure, which refers to an event that is unforeseeable, beyond the control of the parties, and makes it impossible to fulfill the contractual obligations.

The defense of volenti non-fit injuria (option A) applies when the injured party has voluntarily accepted the risk of harm and agreed to absolve the other party of liability. This defense does not apply in this scenario as the destruction caused by the thunderstorm was unexpected and beyond reasonable perception.

Option C, "The house was not insured," is not a relevant defense as it is not related to the liability of the contractor.

Therefore, the correct answer is B: Act of God.