08.070 Bailments; Act of God; Definition | Pdf Doc Docx | Georgia_JI

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08.070 Bailments; Act of God; Definition | Pdf Doc Docx | Georgia_JI

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08.070 Bailments; Act of God; Definition

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08.070 Bailments; Act of God; Definition In order for a bailee to use an act of God or an exception under the contract as a defense, the bailee must establish not only that the act of God or excepted fact ultimately caused (statute uses "occasioned") the loss but that the bailee's own negligence did not contribute to the loss. O.C.G.A. §44-12-45 "Act of God" means an accident produced by physical causes that are irresistible or inevitable, such as lightning, storms, perils of the sea, earthquakes, inundations, sudden death, or illness. This expression excludes all idea of human agency. O.C.G.A. §1-3-3(3) Central of Georgia Railway Co. v. Hall, 124 Ga. 322, 331 (1905) Charleston and Western Carolina Railway Co. v. Nixon Grocery Co., 142 Ga. 343(1) (1914)

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