Vis major – Act of God.
Vis Major – Act of God
Definition
Vis Major, also known as Act of God, refers to an extraordinary, unforeseen, and unavoidable natural event that prevents a party from performing their contractual or legal obligations. It is an event beyond human control, which could not have been prevented by reasonable care or foresight.
Characteristics of Vis Major / Act of God
Unforeseeable: The event could not have been anticipated.
Irresistible: The event cannot be resisted, prevented, or avoided.
External to Human Control: The cause is natural, not caused by human actions or negligence.
Unavoidable: Even with utmost care and diligence, the event’s consequences could not have been averted.
Common Examples
Earthquakes
Floods
Hurricanes, cyclones, typhoons
Tsunamis
Lightning strikes
Volcanic eruptions
Natural fires caused by lightning
Legal Significance of Vis Major
Excuse for Non-performance: In contract law, if a party fails to perform obligations due to vis major, they may be excused from liability for breach of contract.
Force Majeure Clause: Many contracts include a force majeure clause, which specifically lists acts of God and other extraordinary events, providing relief to parties.
No Liability for Damage: Generally, no party can be held liable for damages caused directly by vis major.
Difference Between Vis Major and Force Majeure
Vis Major refers strictly to natural events beyond control.
Force Majeure is a broader legal concept that includes vis major plus human acts/events like wars, strikes, riots, government actions, etc.
Case Law Illustrations
Naihati Jute Mills Ltd. v. Hyaliram Jagannath (1968 AIR 1164, SC)
The Supreme Court of India held that a strike by workers was not an act of God but a human intervention and thus not vis major.
Union of India v. Purshottam Das (1963 AIR 1686, SC)
Court recognized natural calamities like floods as vis major excusing delay in contractual performance.
Tata Engineering & Locomotive Co. Ltd. v. National Steel & Agro Industries Ltd. (1967 AIR 1447 SC)
Held that the flood was a vis major event, excusing the party from contractual liability.
Application in Different Areas of Law
| Area | Impact of Vis Major |
|---|---|
| Contract Law | Excuses non-performance under force majeure/vis major clauses |
| Tort Law | No liability for damages caused by vis major |
| Insurance Law | Natural calamities often covered under force majeure provisions |
| Criminal Law | Rarely invoked as a defense, except where act of nature caused harm without negligence |
Summary
Vis Major = Natural, uncontrollable event.
Excuses parties from liability for non-performance if proven.
Requires proof that event was unforeseeable and unavoidable.
Frequently invoked in contracts, especially with force majeure clauses.
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