Question
Clancy's Cars Ltd engaged Rail co Ltd to transport several motor vehicles from Montreal to Halifax. The vehicles were to be delivered to Clancy's on
Clancy's Cars Ltd engaged Rail co Ltd to transport several motor vehicles from Montreal to Halifax. The vehicles were to be delivered to Clancy's on Wednesday, but they were delayed. On Saturday, an employee of Railco informed Clancy's that the vehicles had arrived at Railco's facilities in Halifax and would be delivered to Clancy's on Monday. Over the weekend, a violent storm hit Halifax. Although the vehicles were parked in an area for safekeeping, they were severely damaged in the storm. When Clancy's claimed damages, Railco argued that the storm was so severe it was an "act of God.
Who is responsible for the damage to the vehicles?
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