Legal Definitions - vis major

Vis major refers to an unforeseen and overwhelming natural event that occurs without human intervention and could not have been prevented or mitigated through reasonable care or foresight. It is a force of nature so powerful that it makes it impossible for a party to fulfill a contract or perform an obligation, often excusing them from liability for non-performance.

Here are some examples illustrating the concept of vis major:

• Construction Delay: A construction company is contracted to build a new office complex by a specific date. However, an unprecedented and severe regional flood, classified as a 100-year event, submerges the construction site for several weeks, making work impossible and damaging equipment.

  This flood would be considered vis major because it is an overwhelming natural event that could not have been reasonably anticipated or prevented by the construction company. The company would likely be excused from penalties for the delay caused by this event, as it was beyond their control and foresight.

• Shipping and Logistics: A shipping company is transporting perishable goods across the Atlantic Ocean. Mid-voyage, an unexpected and exceptionally powerful hurricane develops, forcing the ship to take a significantly longer, safer route to avoid capsizing. This rerouting causes a substantial delay, and some of the perishable goods spoil.

  The hurricane represents vis major. It is an irresistible force of nature that the shipping company could not have predicted or avoided through reasonable diligence. The resulting delay and spoilage, being a direct consequence of this natural disaster, would likely excuse the shipping company from liability for the damaged goods.

• Agricultural Contract: A farmer has a contract to supply a certain quantity of a specific crop to a food distributor. Just before harvest, an unseasonal and devastating hailstorm, unlike any seen in decades in that region, completely destroys the entire crop.

  The hailstorm is an example of vis major. It is a natural event of overwhelming force that occurred without human intervention and could not have been prevented by the farmer's reasonable care or agricultural practices. The farmer would likely be excused from fulfilling the contract due to this unpreventable natural disaster.