Vis major

Vis major (

‘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; inevitable accident or act of God. Its nature and power absolutely uncontrollable, for example, the inroads of a hostile army or forcible robberies, may relieve from liability from contract.

This term has specific meaning in regard to

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

"[Defendant] can excuse himself by showing that the escape [of a dangerous substance] was owing to the plaintiff's default; or perhaps that the escape was the consequence of vis major, or the act of God... [emphasis 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

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

See also

• Force majeure
• Act of God

References

This article includes a list of general references, but it lacks sufficient corresponding inline citations. Please help to improve this article by introducing more precise citations. (November 2009) (Learn how and when to remove this message)

• 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