Casus Fortuitus

Casus fortuitus refers to an event that is unforeseen and beyond the control of the parties involved, making it impossible to fulfill a contractual obligation. In legal terms, it often serves as a defense to liability or breach of contract claims, where the event was neither caused nor could have been anticipated by the parties.

The term originates from Roman law, where it was used to describe events that occurred without human intervention, thus absolving liability. It has since been incorporated into many modern legal systems retaining its original principles.

In contemporary law, casus fortuitus is often invoked in cases of force majeure, where parties may absolve themselves from liability due to events such as natural disasters or other calamities. Courts evaluate the foreseeability and control over the event in determining whether the defense is applicable.

• A shipping company cannot be held liable for delays caused by a sudden hurricane that disrupted transport schedules.
• A farmer may not be liable for the loss of crops due to an unexpected flood that could not have been anticipated or mitigated.

• Corpe v Overton (1833)