El caso fortuito en la responsabilidad civil extracontractual

Abstract

This article postulates that the role of the act of God in Tort Law depends on the functional relationship between negligence and causation. Thus, in cases of tort of negligence, the presence of an act of God excludes negligence and, consequently, causation. In the cases of strict liability, since negligence plays no role in the attribution of liability, the ‘act of God’ directly excludes causation.