Vis major
Vis major or vis majeure, is almost synonymous with force majeure, though the former refers to an act of God from the Latin the latter translates from French a superior force.
Blacks Law Dictionary (11th Edition) refers to vis major as an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. where as force majeure’ is an event or effect that can be neither anticipated nor controlled . . . [that] includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars).
Clauses referring to force majeure are more common than those incorporating vis major but both attempt to set out the circumstances to which the term applies to and prescribe how such situations should be treated. Depending on the provisions of the contract, the following may be considered to constitute vis major :
- Exceptionally adverse weather, Natural Fires.
- Natural catastrophes such as earthquakes, floods and volcanoes.
- Epidemics or pandemics.
the following other events may be considered to constitute force majeure aswell as the above:
- Unforeseen changes to legislation.
- Wars and other hostilities (such as terrorism).
- Fires.
- Civil unrest, such as riots or revolution.
- Strikes (other than by the contractor or subcontractors).
In different contracts, force majeure or indeed vis major may be considered a relevant event, that may allow the contractor to claim an extension of time if, prevented or impeded from performing their obligations under the contract. Although, if the contractor has continued to perform their duties, despite the occurrence, they may not be able to make a claim.
As such vis major maybe considered as a sub event to that of force majeure because the later encompasses a wider breadth of event types. See also the article force majeure.
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