Vis Major
Candlefocus EditorVis Major is a legal concept that is acknowledged in both civil and commercial law. It essentially states that any event or circumstance that is outside of a party’s control which makes it impossible to fulfil an agreement will not constitute a breach of contract. Such an event or circumstance would usually need to be unforeseeable, unpredictable and unavoidable.
As such, Vis Major is used to provide legal security to a party in the event of certain unpredictable occurrences occurring, providing relief from the otherwise binding effect of a contract. This is especially useful in contract law, as it allows people to be relieved from the of contractual obligations or duties which the extraordinary events may be causing difficulties for. Some examples of Vis Major in force are wars, pandemics, earthquakes, floods or major strikes.
The main benefit of Vis Major is that it allows for flexibility in agreements and contracts, and in many cases, provides relief to a certain party from fulfillment of their obligations if a major event occurs which is out of their control. It essentially allows agreements to be suspended until the extraordinary circumstances subside.
The concept of Vis Major has existed since Roman times, where it was often referred to as the ‘Face of God’. It is an important concept in contract law, as it helps to ensure that contracts are not breached and obligations are not voided when unforeseen events arise. Without Vis Major, contracts would be far less flexible and would consequently become less equitable.