Vis major
| Literal meaning | Greater force |
|---|---|
| Pronunciation | vis MAY-jor |
An irresistible natural force, such as a flood or earthquake, which no human care can stop.
Example
A flood destroys the warehouse in which goods were stored. The storage keeper is not liable for the loss.
Case laws
- Taylor v. Caldwell (1863), England: a music hall burned down before a contract to hire it could be performed. Held: both sides were excused.
- Satyabrata Ghose v. Mugneeram Bangur & Co. (1954), Supreme Court: a contract becomes void under Section 56 when it becomes impossible to perform due to a supervening event.
Statutory link
Section 56 of the Indian Contract Act, 1872 (agreement to do an impossible act).
Exam tip
Asked with frustration of contract and act of God.
Memory trick
Greater force than man.
Key takeaway
Vis major is a force of nature which no human care can prevent.
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