Legal Definitions - casus major

Casus major refers to an extraordinary and unforeseen event or circumstance that is typically beyond human control and could not have been reasonably anticipated or prevented. It describes a casualty or incident that is exceptional in nature.

• Example 1: A small manufacturing company has a contract to deliver a large order of specialized parts to a client by a specific date. However, a sudden and unprecedented regional wildfire forces the evacuation of the entire industrial park where the company's factory is located, causing significant damage to infrastructure and making production impossible for several weeks.

  Explanation: The unforeseen and widespread wildfire is a casus major. It is an extraordinary natural event, beyond the manufacturing company's control, that directly and unexpectedly prevents them from fulfilling their contractual obligation to deliver the parts on time.

• Example 2: An airline has scheduled a series of flights to a popular tourist destination. Just days before the flights are due to depart, an unexpected and severe volcanic eruption occurs near the destination airport, leading to massive ash clouds that make air travel in the entire region unsafe and force the closure of all airspace for an indefinite period.

  Explanation: The sudden volcanic eruption and subsequent airspace closure constitute a casus major. This extraordinary geological event is entirely outside the airline's control and directly prevents them from operating the scheduled flights.

• Example 3: A software development firm is under contract to complete a critical system upgrade for a government agency by the end of the fiscal year. A sudden and severe cyberattack, orchestrated by a sophisticated state-sponsored group, targets national infrastructure, including the government agency's networks, forcing a complete shutdown of all external access and internal development environments for an extended period to contain the breach.

  Explanation: The large-scale, state-sponsored cyberattack is a casus major. It represents an extraordinary and unforeseen event, beyond the software firm's or even the agency's reasonable control, that directly impedes the completion of the system upgrade.