Vis Major
Literal meaning: “Greater force”
What does the Latin term "Vis Major" mean in law?
Vis major, also known as force majeure or an act of God, refers to an extraordinary and irresistible natural event or force that is beyond human control and could not have been foreseen or prevented. In contract law, vis major may excuse performance when such an event makes performance impossible or impracticable. In tort law, vis major serves as a defense to strict liability by breaking the chain of causation between the defendant's activity and the plaintiff's harm. The event must be truly extraordinary, not merely inconvenient or foreseeable, and the party invoking vis major must show they took all reasonable precautions.
Source: Contracts · Legal Latin
Legal Definition
Vis major, also known as force majeure or an act of God, refers to an extraordinary and irresistible natural event or force that is beyond human control and could not have been foreseen or prevented. In contract law, vis major may excuse performance when such an event makes performance impossible or impracticable. In tort law, vis major serves as a defense to strict liability by breaking the chain of causation between the defendant's activity and the plaintiff's harm. The event must be truly extraordinary, not merely inconvenient or foreseeable, and the party invoking vis major must show they took all reasonable precautions.
How It's Used
Vis major clauses are standard in commercial contracts, particularly in construction, shipping, and energy agreements, to allocate risk for unforeseeable catastrophic events. Courts carefully distinguish between genuine vis major events such as earthquakes or unprecedented storms and foreseeable difficulties that merely make performance more expensive or burdensome.
Example Sentences
The shipping company invoked vis major to excuse the delayed delivery after an unprecedented tsunami destroyed the port facilities.
The court rejected the vis major defense because the flooding was a foreseeable risk in the low-lying area and the defendant had failed to take reasonable precautions.
Under the force majeure clause, which codified the vis major principle, the contractor was relieved of liability for delays caused by the volcanic eruption.