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Contract of indemnity doesn't cover an act of God... isn't example given includes act of God that is blowing over of tree...e.g 4
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Gauri SheteSo why here X is liable to indemnify Y for cost of fence...it is damaged by act of God so why X is liable
Here, it's given in the example that X may agree for such contract. As X entered into the contract beforehand, so he is liable to pay for the damages. Otherwise, he isn't liable. See the attachment for better understanding.
Yes, the example includes Act of God and the example is a means to help you understand the concept of Act of God. In the example as the tree was blown away by wind, which is an act of God, X isn't liable to pay for Y. If Y had faced damage because of the actions of X (or) other than natural calamities then X is liable to pay the damages to Y.
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