''Vis major'' ( ; ) 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 characterized as the use of physical force by humans to cause harm to other living beings, or property, such as pain, injury, disablement, death, damage and destruction. The World Health Organization (WHO) defines violence a ...

; inevitable

accident An accident is an unintended, normally unwanted event that was not deliberately caused by humans. The term ''accident'' implies that the event may have been caused by Risk assessment, unrecognized or unaddressed risks. Many researchers, insurers ...

act of God In legal usage in the English-speaking world, an act of God, act of nature, or damnum fatale ("loss arising from inevitable accident") is an event caused by no direct human action (e.g. Severe weather, severe or extreme weather and other natur ...

. 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 an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

. 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. Und ...

. 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 is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

on appeal in '' Rylands v. Fletcher'' 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 Mphasis Limited is an Indian multinational information technology service and consulting company based in Bengaluru. The company provides infrastructure technology and applications outsourcing services, as well as architecture guidance, appli ...
-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 with a low-pressure area, a closed low-level atmospheric circulation, strong winds, and a spiral arrangement of thunderstorms that produce heavy rain and squalls. Depending on its ...

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