Definition

Noun: - An irresistible, overwhelming force or event: A legal term for an extraordinary, unavoidable event caused by natural forces, outside human control, that prevents the fulfillment of a contract or duty. It is synonymous with "act of God." - An unavoidable accident or catastrophe: An unforeseeable and unpreventable event that interrupts the normal course of events and for which no person can be held responsible.

Usage Examples

• Noun:
  • The shipping contract included a clause protecting the company from liability due to vis major, such as hurricanes or earthquakes.
  • The court ruled that the dam's failure was a vis major, absolving the engineers of negligence.
  • Floods and pandemics are classic examples of vis major.

Advanced Usage

• Legal Doctrine: In law, vis major is a defense that can excuse a party from liability or performance of a contractual obligation. It must be an event that is both unforeseeable and impossible to guard against.
  • The defense successfully argued that the supplier's failure to deliver was caused by a vis major—a sudden, unprecedented blockade of the port.

Variants and Related Words

• Force majeure (n): A French term used interchangeably with vis major in legal and contractual contexts, often with a slightly broader scope that can include certain human acts like war.
  • The force majeure clause was invoked after the declaration of war disrupted all trade.

Synonyms

• Act of God: An event directly attributable to natural causes without human intervention.
• Inevitable accident: An accident that could not have been prevented by reasonable care.
• Casus fortuitus: A Latin term for a chance occurrence or unavoidable accident.

Related Phrases

• Vis major clause: A specific provision in a contract that addresses the consequences of such events.
  • Always review the vis major clause before signing a long-term service agreement.

Notes on Meaning

• Legal vs. General Use: While its core meaning is a natural catastrophe, in strict legal terminology, vis major is distinguished from "force majeure" by some scholars as being limited to natural events, whereas "force majeure" may encompass certain human events. However, in common legal and commercial practice, the terms are often used synonymously.
• Key Elements: For an event to qualify as vis major, it typically must be: 1) external to the parties involved, 2) unforeseeable, and 3) irresistible in its impact.

Noun

1. a natural and unavoidable catastrophe that interrupts the expected course of events
   • he discovered that his house was not insured against acts of God