Define: Casus Major

Casus Major refers to a legal term that translates to “major event” or “act of God” in Latin. It is used to describe an unforeseen and uncontrollable event that prevents the fulfillment of a contract or legal obligation.

Yes, Casus Major can be used as a defence in a lawsuit if the event was truly unforeseeable and beyond the control of the parties involved. However, it is important to consult with a lawyer to determine the specific circumstances and applicability of this defence.

Examples of Casus Major events include natural disasters like earthquakes, floods, hurricanes, or wildfires, as well as acts of terrorism, war, or government-imposed restrictions that make it impossible to perform contractual obligations.

Yes, Casus Major can be invoked to terminate a contract if the event makes it impossible for either party to fulfill their obligations. However, the specific terms and conditions of the contract, as well as applicable laws, will determine the consequences and procedures for termination.

Casus Major can be applicable to most types of contracts, including employment agreements, lease agreements, construction contracts, and supply agreements. However, the specific language and provisions of each contract will determine the applicability of Casus Major as a defence or termination clause.

Insurance policies may provide coverage for losses caused by Casus Major events, depending on the specific terms and conditions of the policy. It is important to review the insurance policy and consult with an insurance professional to determine the extent of coverage.

Casus Major cannot be invoked retroactively. It can only be used as a defence or termination clause if the event occurs after the contract has been entered into. Parties cannot rely on Casus Major to excuse non-performance or terminate a contract for events that were already known or foreseeable at the time of contract formation.

Yes, parties can include provisions in a contract that waive or exclude the application of Casus Major. However, such provisions must be clear, unambiguous, and agreed upon by all parties involved. It is advisable to seek legal advice when drafting or reviewing contracts to ensure the enforceability of such provisions.

If you believe Casus Major applies to your situation, it is important to consult with a lawyer to assess the specific circumstances and determine the legal implications. They can guide you on how to properly invoke Casus Major as a defence or termination clause and help you navigate any potential legal disputes.