Legal Definitions - vis divina

Vis Divina

Vis divina is a Latin legal term that refers to an overwhelming, uncontrollable force of nature, often described as a "divine force" or an "Act of God." It signifies an event that is entirely beyond human foresight, control, or prevention. Such events are typically natural disasters or extraordinary natural phenomena that could not reasonably have been anticipated or mitigated by human effort.

In legal contexts, an event classified as vis divina can sometimes excuse a party from fulfilling a contract or from liability for damages, as the event's occurrence was not due to their negligence or fault, but rather an unavoidable natural occurrence.

• Example 1: Agricultural Contract Disrupted by Unprecedented Hailstorm

  A farmer contracts to deliver a specific quantity of corn to a food processor by a certain date. Just before harvest, an unprecedented hailstorm, far more severe than any recorded in the region's history, completely destroys the entire corn crop. The farmer is unable to fulfill the contract.

  Explanation: The hailstorm, due to its extreme and unforeseeable nature, would likely be considered vis divina. It was a natural event beyond the farmer's control or ability to prevent, making it impossible to perform the contract. This could potentially excuse the farmer from liability for non-delivery.

• Example 2: Construction Delay Due to Sudden Earthquake

  A construction company is building a new office complex, with a contractual deadline for completion. Midway through the project, a sudden and powerful earthquake, originating from a previously unknown fault line, causes significant structural damage to the partially built complex and surrounding infrastructure, halting all work for months.

  Explanation: The earthquake, being an unpredictable and overwhelming natural disaster, qualifies as vis divina. It directly caused the delay and damage, making it impossible for the construction company to meet its deadline through no fault of its own. This could provide grounds for an extension or relief from penalties for late completion.

• Example 3: Shipping Container Lost in Unforeseen Tsunami

  A shipping company is transporting valuable goods across the ocean. During the voyage, an unexpected and massive tsunami, triggered by a distant underwater earthquake that was not predicted by meteorological or seismic agencies, strikes the vessel, causing several containers to be swept overboard and lost.

  Explanation: The tsunami, particularly given its unpredicted and overwhelming nature, would be considered vis divina. It was a natural catastrophe that the shipping company could not have reasonably foreseen or prevented, leading to the loss of the goods. This might limit the company's liability for the lost cargo.