“Vis major” is a Latin term used in law to refer to a force so superior that no amount of preparation or precaution could have prevented it from occurring. It is often used as an exception to strict liability in tort and contract law. The term “act of God” is a modern English translation of “vis major”. Many legal terms and concepts have Latin origins due to the roots of legal systems in Europe and the Americas tracing back to the Romans.
Many words still used in the law are of Latin origin, including the phrase “vis major”. The phrase “vis major”, literally translated, means “superior force”. A more modern English translation of the phrase “vis major” is “act of God.” The term is generally used to refer to a force so superior that no amount of preparation or precaution could have prevented it from occurring.
The roots of many legal systems in Europe and the Americas can be traced back to the Romans. Consequently, many legal terms and concepts were originally Latin terms or phrases. Over the centuries, some of these terms and phrases have remained in Latin both as homage to the ancient Roman legal system from which they arose and as a universal way to refer to similar concepts across modern legal systems. In many modern legal systems, the phrase “vis major” is used in contract or tort law as an exception to strict liability or as a way for a defendant to avoid liability.
In tort, some torts are considered strict liability torts. In a writ of strict liability, the plaintiff does not have to show a mens rea, or “state of mind,” such as negligence in order for the defendant to be liable. All that the plaintiff needs to prove is that the defendant’s action, or inaction, caused the plaintiff’s injuries in order for the plaintiff to recover damages. Many product liability claims are torts for strict liability, as are some torts for accidents, such as a dog bite from a dog breed known to be aggressive.
Many courts have taken the position that, even in a strict liability tort, the defendant can avoid liability when a vis major has intervened. In other words, when an act of God was responsible for the accident, the defendant cannot be held responsible. Take, for example, an aggressive dog whose owner would generally be responsible for any injuries caused by the dog despite efforts to contain the animal. If the owner had the dog sheltered in a concrete building with steel doors, making it virtually impossible for the dog to get out, but a hurricane swept through the building and the dog survived, only to bite someone, a court might not hold the defendant accountable!
Contracts are another area of law where the concept of vis major plays a role. A contract is a legally binding agreement between two parties. When one party fails to fulfill the terms of the contract, the other party can usually seek compensation for pecuniary damages for the failure. Many contracts, however, contain a provision that excludes a party from liability when an act of God prevents the party from performing under the terms of the contract.
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