Page 238 - Liability Insurance IC74

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(iii) Act of God or Vis Major - this has been defined as
an event due to natural causes directly and
exclusively without human intervention. E.g storms,
earthquake, lightning etc.

(iv) Emergency - if a person in a moment of imminent
danger, acts in a way which causes injury to another,
he will not be held liable in negligence if his act was
not unreasonable in that difficult situation.

(v) Contributory negligence - if the plaintiff suffers
injury or damage is partly due to his own fault
reduced according to the blame attaching to the
plaintiff.

(vi) Contracting out persons can relieve themselves or
restrict their liability incorporating conditions in the
agreements entered with other parties. As long as
these conditions are not contrary to common law,
they can be raised as the defence. It is necessary
for the condition to be effectively brought to the
attention of the other party whose consent
expressed nine and are implied, is essential. For e.g,
disclaimer notice in lift - "passengers and carried at
own risk and responsibility."

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