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AMI 611 Act of God

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 611
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 6. Specific Factors Affecting Negligence and Defenses
AMI 611 Act of God
An act of God means a violent disturbance of the elements such as a storm, a tempest, or a flood.
[A person is not liable to another whose damages were caused solely by an act of God. If an act of God concurs with the (negligence)(fault) of man to proximately cause damages, the (negligence)(fault) is not excused by the act of God.]
NOTE ON USE
Omit the bracketed paragraph when the case is submitted on interrogatories.
COMMENT
See Arkansas Valley Elec. Co-op. Corp. v. Davis by Davis, 304 Ark. 70, 800 S.W.2d 420 (1990) and Tinsley v. Cross Development Co., 277 Ark. 306, 642 S.W.2d 286 (1982), discussing an act of God and the fault of man as concurring proximate causes.
See generally Prosser and Keeton, The Law of Torts, 314, 316 (Fifth Ed. 1984).
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