Question

PRINCIPLE Vis major or an act of God entails a sudden manoeuvre by elements of nature over which we have no control.

FACTS In a bus accident where the driver died of a sudden cardiac arrest, the legal heirs of the deceased brought a suit against the bus company for not making the driver undergo the mandatory health and fitness test before giving employment. The bus company claims a defence of 'vis major'. The defence of vis major in this case shall

Options

• sustain as death is an act of nature

• not sustain as the act may have been preventable

• sustain as a general fitness test does not guarantee to detect a possible cardiac arrest

• not sustain as the defence of inevitable accident shall be applicable

Answer 1

not sustain as the act may have been preventable