Vis major, also known as an “act of God,” encompasses events or circumstances that are beyond human control and cannot be foreseen or averted. This category includes natural disasters such as earthquakes, hurricanes, and floods. When a vis major event transpires, it can have a profound effect on individuals’ well-being and possessions. Therefore, it is crucial to take necessary precautions to ensure personal safety and mitigate potential harm.
Vis Major refers to an event or circumstance that is beyond human control and cannot be predicted or prevented. It is also known as an act of God or force majeure. Examples of Vis Major include natural disasters like earthquakes, hurricanes, and floods, as well as war, riots, civil unrest, and unexpected events such as a pandemic or sudden change in government policies. These instances demonstrate how Vis Major can disrupt normal activities and result in significant damage or loss. For example, a hurricane can devastate homes and businesses, while a pandemic can cause widespread illness and economic downturns. In such situations, individuals and organisations may find themselves unable to fulfil their obligations or responsibilities due to circumstances beyond their control.
Vis major, also known as force majeure, refers to an unforeseen and uncontrollable event that prevents a party from fulfilling their contractual obligations.
Events such as natural disasters (earthquakes, hurricanes), acts of war, terrorism, government actions, and pandemics can be considered vis major.
Yes, if a party can prove that the event was truly unforeseeable and beyond their control, vis major can be used as a defence to excuse non-performance of contractual obligations.
No, vis major must be explicitly mentioned in the contract for it to be applicable. It is important to include a force majeure clause in contracts to address such situations.
If vis major occurs, it may temporarily suspend the performance of contractual obligations until the event is resolved or its effects are mitigated.
In some cases, if the vis major event continues for an extended period and makes performance impossible or impracticable, parties may have the right to terminate the contract.
Generally, vis major relieves parties from liability for non-performance, including the payment of damages. However, it is essential to review the specific terms of the contract and applicable laws.
No, vis major cannot be invoked retroactively. It can only be applied to events that occur after the contract is signed.
Yes, parties can agree to waive or modify the application of vis major through contractual provisions. It is crucial to carefully review and negotiate such clauses.
If you believe vis major applies to your situation, it is advisable to consult with a legal professional who can review your contract, assess the circumstances, and provide guidance on the appropriate course of action.
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.
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