Vis absoluta refers to physical compulsion, which occurs when an individual is compelled to perform an action without any choice or free will. It should be distinguished from vis compulsiva, which involves being compelled to act but still retaining some level of control over one’s actions.
Vis absoluta, also known as physical compulsion, occurs when an individual is compelled to perform an action against their own volition as a result of physical force or the threat of physical force. An example of vis absoluta would be if someone were to point a gun at you and coerce you into surrendering your wallet. This concept differs from vis compulsiva, which involves an individual being compelled to act due to external factors overpowering their own will, such as mental illness or substance abuse. In essence, vis absoluta describes a situation where an individual is left with no choice but to act in a specific manner due to the presence of physical force or the threat thereof.
Vis absoluta, also known as an act of God, refers to an unforeseeable and uncontrollable event that prevents someone from fulfilling a legal obligation.
Yes, vis absoluta can be used as a defence in certain legal cases, such as breach of contract, if the event was truly unforeseeable and unavoidable.
Examples of vis absoluta events include natural disasters like earthquakes, hurricanes, and floods, as well as war, riots, and government actions.
To prove that an event was vis absoluta, you will need to provide evidence that it was truly unforeseeable and unavoidable, such as weather reports, government declarations, or expert testimony.
In most cases, if an event was truly vis absoluta, you cannot be held liable for damages resulting from the event.
Yes, you can include a vis absoluta clause in your contracts to specify how unforeseeable events will be handled and whether they will excuse performance.
Some insurance policies may cover vis absoluta events, so it’s important to review your policy and discuss with your insurance provider.
Yes, vis absoluta events can affect lease agreements, such as if a property becomes uninhabitable due to a natural disaster.
If a vis absoluta event makes it impossible to fulfill a contract, you may be able to terminate the contract, depending on the language of the contract and applicable laws.
In most cases, you cannot sue someone for damages caused by a vis absoluta event, as it is considered an unforeseeable and unavoidable event.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/vis-absoluta/
- Modern Language Association (MLA):Vis Absoluta. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/vis-absoluta/.
- Chicago Manual of Style (CMS):Vis Absoluta. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/vis-absoluta/ (accessed: May 09 2024).
- American Psychological Association (APA):Vis Absoluta. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/vis-absoluta/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts