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  1. #11
    Join Date
    Apr 2006
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    NW of KSTL
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    Default Re: A Scenario You May Not Have Encountered

    Quote Quoting cyjeff
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    Actually, a better question would be...

    If levitation was possible, would you have to file a flight plan with the FAA?
    Not if you are privately registered and stay below 5000 feet. One more thing, I'm pretty sure you wouldn't be able to levitate in restricted airspaces!

  2. #12
    Join Date
    Apr 2007
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    Southeastern Michigan
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    Default Re: A Scenario You May Not Have Encountered

    Quote Quoting cyjeff
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    Actually, a better question would be...

    If levitation was possible, would you have to file a flight plan with the FAA?
    Not if you're practicing touch-and-go's

  3. #13
    Join Date
    Oct 2008
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    Washington comma the Great State of.
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    1,211

    Default Re: A Scenario You May Not Have Encountered

    Quote Quoting BOR
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    If you are speaking of a civil suit it is entirely posssible. If you had a person who was vulnerable to such hocus pocus beliefs and you "cast a spell" on them to where anxiety and fear and fright overwhelmed them enough to cause harm, such as a heart attack, it is very possible the act would be tortious, yes.

    In a criminal law context, if such were used say against a child who had no understanding on such matters, and it caused them to hurt themselves, some criminal charges could possibly be brought, yes.
    I'm not so sure about that. All of my liability contracts specifically exclude acts of god as actionable. I'm sure some clever lawyer can make a good run at that in a civil court.

    It's double protection if the god doing the smiting is the god of war as both acts of god and acts of war are excluded. So, being the god of war gets you double indamnity? Sometimes, I crack myself up.

  4. #14
    Join Date
    Aug 2007
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    3,835

    Default Re: A Scenario You May Not Have Encountered

    Quote Quoting ashman165
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    I'm not so sure about that. All of my liability contracts specifically exclude acts of god as actionable. I'm sure some clever lawyer can make a good run at that in a civil court.
    What I described was NOT an act of god, as the law defines it.

  5. #15
    Join Date
    Oct 2008
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    Washington comma the Great State of.
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    Default Re: A Scenario You May Not Have Encountered

    Quote Quoting BOR
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    What I described was NOT an act of god, as the law defines it.
    The original question included magic or a god. I think it's fair to read the replies in the light they're cast by the wording of the original hypothetical. Since the question originally involved an act of a god, I think it's reasonable to assume that a god which does act would rightly be termed an act of a god.

    Observe, the original question had, in part, "Lets pretend magic works, or prayer to some fickle god." Granted, that fickle god part is redundant, but it wasn't my question.

    Now, you said that it's related to a case where the person believes the hocus pokus (an apt descriptions I'll admit). So, if that's true, and it's a crime which involves mindset (as it necessarily would) that would warrant some scrutiny. And if the person's heart attack or whatever was a result, well, that's just a science belief on what happened. And we know how religions hate science because all it ever does is impugn their long-told tales of what is and isn't through its use of petty things such as evidence and proof. Religions hate that; they can't compete.

    But we'd have to consider it in a light which takes at least account of these people's beliefs - one of which would be that their imaginary diety did this.

    How wouldn't that be an act of god?

  6. #16
    Join Date
    Aug 2007
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    3,835

    Default Re: A Scenario You May Not Have Encountered

    Quote Quoting ashman165
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    How wouldn't that be an act of god?
    I understand what you are saying, but AOG would not apply.


    http://www.nolo.com/definition.cfm/T...3881E/alpha/A/

  7. #17
    Join Date
    Oct 2008
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    Washington comma the Great State of.
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    Default Re: A Scenario You May Not Have Encountered

    Quote Quoting BOR
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    I understand what you are saying, but AOG would not apply.


    http://www.nolo.com/definition.cfm/T...3881E/alpha/A/
    Got it. Acts of god aren't actually worth considering to be acts of god.

    I thank you for posting that link and I kindly direct your attention back to it. You'll note that "such as" language is almost never taken to be an exhaustive list of what constitutes the whatever-is-being-discussed thing. It merely provides *some* context, but it is by no means an exhaustive list of what is an act of god.

    Oh yeah, I think a very reasonable case for an act of god could be made *based entirely* upon that link and your post. Namely, you mentioned heart attack. I know of very few things which kill with the alacrity of a heart attack. In fact, sudden cardiac death is generally considered an act of god, tautalogically speaking. "Heart attack" is a general term used to describe an entire host of cardiac events because most people aren't learned in the medical sciences to such an extent as to make distinguishing discrete cardiac events worthwhile.

    But I do take your point about acts of a god not being worthy of consideration as an act of a god.

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