''Vis major'' (; in

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

‘a superior force’) is a greater or superior force; an irresistible force. It may be a loss that results immediately from a natural cause that could not have been prevented by the exercise of prudence, diligence and care. It is also termed as ''vis divina'' or superior force. It is an irresistible

violence Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or Power (social and p ...

; inevitable

accident An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researcher ...

act of God In legal usage in the English-speaking world, an act of God is a natural hazard outside human control, such as an earthquake or tsunami, for which no person can be held responsible. An act of God may amount to an exception to liability in con ...

. Its nature and power absolutely uncontrollable, for example, the inroads of a hostile army or forcible robberies, may relieve from liability from

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

. This term has specific meaning in regard to

strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. ...

. Strict liability in the law of torts allows for the accrual of liability against an actor where there is no fault or proximate cause given the damages arose from their participation in an ultrahazardous activity, i.e. blasting, damming of water, etc. However, "vis major" offers an exception to such liability. In ''Fletcher v. Rylands'' In the Exchequer Chamber, L.R. 1 Ex. 265, 1866, affirmed in the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

on appeal in ''

Rylands v. Fletcher ''Rylands v Fletcher'' (1868) LR 3 HL 330 is a leading decision by the Judicial functions of the House of Lords, House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, w ...

'' L.R. 3 H.L. 330, the exception of vis major is introduced:

" efendantcan excuse himself by showing that the escape f a dangerous substancewas owing to the plaintiff's default; or perhaps that the escape was the consequence of ''vis major'', or the act of God... mphasis added -Blackburn J ''Fletcher v. Rylands'' L.R. 1 Ex. 265, 1866.

The existence of vis major, or an act of God, will preclude the use of the theory of strict liability given the impossibility of anticipating such an event. (Think of a dam breaking after a

hurricane A tropical cyclone is a rapidly rotating storm system characterized by a low-pressure center, a closed low-level atmospheric circulation, strong winds, and a spiral arrangement of thunderstorms that produce heavy rain and squalls. Depend ...

where there is no negligence found on the part of the owner/operator of the dam.)

References

*Black’s Law Dictionary, P.1567, 7th Edn., *Mitra’s Legal & Commercial Dictionary – 4th Edn., Eastern Law House, Page 790 *Prosser Wade and Schwartz's Torts: Cases and Materials, 11th Edn., Foundation Press, P. 694 Latin legal terminology {{Latin-legal-phrase-stub

See also

References