vis major

Vis major is roughly equivalent to “act of God”: an extraordinary natural event such as an earthquake, cyclone or unprecedented flood. It is a defence in torts of strict liability (as recognised in Rylands v. Fletcher) and in contracts of carriage and bailment.

It is narrower than force majeure, a contractual term that can cover human events such as war, strikes or government orders if the contract says so. In the Indian Contract Act, 1872 there is no separate vis major provision; where no force majeure clause exists, supervening impossibility is dealt with under Section 56 (frustration). The defence fails if the event was foreseeable or its effects could have been avoided.

Example

The carrier escaped liability for the goods washed away by an unprecedented flash flood, which was vis major.

In Indian law

• Section 56, Indian Contract Act, 1872 (supervening impossibility)

See also

act of God · force majeure · frustration · strict liability

Read more in the study notes

• General defences in tort (Law of Torts)
• Lease of immovable property (Property Law)