Vis Major

Vis Major refers to an unforeseen event or natural disaster that is beyond human control, which prevents a party from fulfilling their contractual obligations. It is often equated with the concept of 'force majeure' in modern contracts.

The principle originates from Roman law and has been used throughout history to determine liability in cases where unforeseen events hinder performance. It emphasizes the idea that no one should be held accountable for events that they could not have reasonably foreseen or prevented.

In modern law, vis major is invoked in contract law to excuse a party from liability when performance becomes impossible due to extraordinary circumstances, such as natural disasters or acts of war. Courts assess whether the event was truly outside the control of the parties and if it directly caused the inability to perform.

• A hurricane destroys a factory, preventing the manufacturer from delivering goods as per contract.
• A pandemic leads to government-enforced shutdowns that affect businesses' ability to operate.

• Robertson v. Smith
• Hochster v. De la Tour