Vis major (/ˌvɪsˈmeɪdʒər/; in Latin ‘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 strict liability. 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 on appeal in Rylands v. Fletcher 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 hurricane where there is no negligence found on the part of the owner/operator of the dam.)
major, latin, superior, force, greater, superior, force, irresistible, force, loss, that, results, immediately, from, natural, cause, that, could, have, been, prevented, exercise, prudence, diligence, care, also, termed, divina, superior, force, irresistible, . Vis major ˌ v ɪ s ˈ m eɪ dʒ er in Latin 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 strict liability 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 on appeal in Rylands v Fletcher 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 hurricane where there is no negligence found on the part of the owner operator of the dam See also EditForce majeure Act of GodReferences EditThis 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 template message Black s Law Dictionary P 1567 7th Edn Mitra s Legal amp Commercial Dictionary 4th Edn Eastern Law House Page 790 Prosser Wade and Schwartz s Torts Cases and Materials 11th Edn Foundation Press P 694 IUSThis legal article about a Latin phrase is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Vis major amp oldid 1142148496, wikipedia, wiki, book, books, library,
