Vis Major: Origin, Meaning and Explanation
This article titled ‘Vis Major: Origin, Meaning and Explanation’ is written by Sahajpreet Bhusari and discusses the concept of Vis Major. I. Origin and Meaning Vis Major is a legal phrase of Latin origin. In Latin, the maxim literally means, ‘superior force or act of god’. It is a defence under Tort Law[1]. II. Explanation An act of God… Read More »
This article titled ‘Vis Major: Origin, Meaning and Explanation’ is written by Sahajpreet Bhusari and discusses the concept of Vis Major. I. Origin and Meaning Vis Major is a legal phrase of Latin origin. In Latin, the maxim literally means, ‘superior force or act of god’. It is a defence under Tort Law[1]. II. Explanation An act of God is a natural calamity, such as a flood or an earthquake, that occurs outside of human control or action. The term “Act of God”...
This article titled ‘Vis Major: Origin, Meaning and Explanation’ is written by Sahajpreet Bhusari and discusses the concept of Vis Major.
I. Origin and Meaning
Vis Major is a legal phrase of Latin origin. In Latin, the maxim literally means, ‘superior force or act of god’. It is a defence under Tort Law[1].
II. Explanation
An act of God is a natural calamity, such as a flood or an earthquake, that occurs outside of human control or action.
The term “Act of God” is not affiliated with any particular religion or belief system in the business world. Force majeure clauses, which are commonly employed by insurance firms, are contractual terminology that refers to acts of God. Acts of God usually restrict or eliminate culpability for injuries, damages, and losses caused by these provisions.
III. Application
Acts of God are triggered by events such as floods, earthquakes, and natural disasters. These are occurrences that are deemed uncontrolled by humans. Parties to contracts with force majeure clauses—which means “higher force”—may not be responsible if the contract’s provisions cannot be carried out.
It’s crucial to pay attention to how these clauses are constructed. Some clauses may expressly list occurrences that come under its criteria, such as a pandemic or a flood. These provisions may also specify whether they will provide a partial or whole refund, as well as any other type of reparation.
What constitutes a natural disaster varies by region. When a contract contains catchall terms, it might help to extend the scope of what counts as an act of God. “Any other incident beyond a party’s reasonable control” may be included in these sections.
IV. Illustrations
Earthquakes, tsunamis, hurricanes, and storms are all instances of natural disasters.
V. Case Laws
The respondent in Nichols v. Marsland[2] has a number of man-made lakes on his property. Extraordinary rain, the likes of which had never been seen in living memory, forced the banks of the lakes to breach, and the fleeing water washed away four of the petitioner’s bridges. The plaintiff’s bridges were swept away by an act of God, and the defendant was found not to be accountable.
The defendants in the case of Blyth v. Birmingham Water Works Co.[3] built water pipes that were fairly sturdy enough to survive the severe cold. That year, there was an unusually harsh frost, which caused the plaintiff’s pipes to break, inflicting extensive damage to his property.
Though the frost is a normal occurrence, the development of an unanticipated severe frost might be imputed to an act of God, absolving the defendants of all obligation.
References
[1] Vis Major, Available Here.
[2] (1876) 2 ExD 1.
[3] (1856) 11 Ex Ch 781.