Introduction to ‘ Vis Major’ (Act of God) as a Defence to Torts
Introduction to Vis Major (Act of God) as a Defence to Torts
What is Vis Major (Act of God)?
Vis Major, also called Act of God, is a legal defence used in tort law.
It refers to an extraordinary, inevitable, and unforeseen natural event which could not have been prevented by human foresight or care.
Common examples include floods, earthquakes, lightning, hurricanes, and other natural disasters.
The term literally means "superior force" — an event beyond human control.
When is Vis Major a Defence?
In tort cases, a person may be held liable for damage caused by their actions.
However, if the damage is caused by an unforeseeable natural event, the defendant may use Vis Major as a defence.
This means the defendant claims that the damage was caused not by their negligence or wrongful act, but by a natural event that no one could have anticipated or guarded against.
Key Characteristics of Vis Major:
Unforeseeable: The event could not be predicted by reasonable foresight.
Unavoidable: Even with the utmost care, the event’s consequences could not be prevented.
External and Natural: The cause is natural, not human-made or due to human fault.
Direct Cause: The damage was caused directly by the act of God, not by any negligence of the defendant.
How Does Vis Major Operate as a Defence?
To succeed with this defence, the defendant must prove:
The damage was caused by a natural event.
The event was extraordinary and could not have been avoided.
The defendant took reasonable care to prevent harm.
If these are established, the defendant will not be liable, as the tortious act was effectively excused.
Key Case Law Illustrating Vis Major Defence
1. Nichols v Marshland (1876)
Facts: A defendant’s dam broke due to a sudden and severe flood caused by heavy rainfall, resulting in damage to a neighbor’s land.
Held: The court held the defendant was not liable because the flood was an extraordinary natural event beyond human control — an act of God.
The dam had been properly maintained, and the defendant could not have foreseen or prevented the flood.
Principle: Damage caused solely by an unforeseeable natural event that could not be prevented by human care can be a valid defence.
2. Esso Petroleum Co Ltd v Southport Corporation (1956)
Facts: A tanker’s oil was accidentally spilled in a harbor due to a freak wave caused by an unusually high tide.
Held: The court considered whether the wave was an act of God or caused by human negligence.
The defence of Vis Major applies only if the event is truly extraordinary and unforeseeable.
The company was held liable because the wave was not so extraordinary as to excuse liability.
Principle: The defence fails if the event is foreseeable or due to some degree of human fault.
3. Rylands v Fletcher (1868) (Conceptual connection)
While this case is famous for strict liability, it also acknowledges Vis Major as a defence to liability if the damage was caused by an unforeseeable natural event, not the defendant’s actions.
Summary of Vis Major Defence in Torts:
| Aspect | Explanation |
|---|---|
| Nature of Event | Extraordinary natural event beyond human control |
| Requirement | Unforeseeable and unavoidable despite reasonable care |
| Effect | Excuses liability for damage caused |
| Burden of Proof | On defendant to prove the event was an Act of God |
| Limitations | No defence if event was foreseeable or caused by negligence |
Conclusion:
Vis Major or Act of God is a complete defence in tort law when damage results solely from an extraordinary natural event that no human could prevent. It protects defendants from liability when their actions are not the cause of harm but rather the unavoidable force of nature.
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