Vis major

What is vis major?

Vis major is a Latin term meaning “superior force.” It refers to an irresistible event—natural or otherwise—that causes damage or disruption and cannot reasonably be prevented or controlled by human effort. Common synonyms include “act of God,” “force majeure,” and “natural disaster.”

Typical examples
* Hurricanes, tornadoes, floods, and earthquakes
* Large-scale disruptions such as war, riots, or strikes (inclusion depends on contract language and jurisdiction)
* Failures by third parties (e.g., a critical supplier or subcontractor) when neither contracting party can control the third party

How vis major works in contracts
* Force majeure/vis major clauses are standard in many commercial and private contracts to allocate risk for events beyond the parties’ control.
* Well-drafted clauses will define which events qualify, set notice requirements, describe the parties’ obligations during the event, and explain remedies (e.g., suspension of performance, extension of time, or termination).
* If the vis major event is temporary, parties are often suspended from performance until the event ends. If it permanently frustrates the contract’s purpose, termination or other remedies may follow.
* Because interpretations vary by jurisdiction, international contracts commonly list specific events and procedures to avoid ambiguity.

What vis major does not cover
* Negligence, intentional wrongdoing (malfeasance), or ordinary predictable events (e.g., normal seasonal rain) are typically excluded.
* A determination that an event is vis major can excuse liability or contractual performance, but courts and insurers will examine causation, foreseeability, and whether reasonable precautions were taken.

Insurance and vis major
* Many standard insurance policies exclude coverage for certain vis major events (earthquakes, floods, hurricanes), so property owners must review policy language carefully.
* Coverage can sometimes be obtained through riders or separate specialty policies, often at additional cost and variable rates depending on risk exposure.
* Some policies do include certain vis major-type losses—for example, comprehensive automobile coverage commonly covers damage from fallen trees or collisions with large animals—unless the policy specifically excludes them.
* Because availability and terms vary, policyholders should confirm what is covered, any applicable limits or exclusions, and how claims are handled.

Practical advice
* Always read contracts and insurance policies to see how vis major, force majeure, or act-of-God events are defined and handled.
* For high-risk exposures (flood zones, earthquake-prone areas), consider specialty insurance or riders and factor higher premiums into cost planning.
* In contracts, specify permitted events, notice procedures, duration of suspension, mitigation duties, and dispute-resolution mechanisms to reduce ambiguity.

Key takeaways
* Vis major describes events beyond human control that prevent performance of obligations.
* It commonly appears in contracts to excuse or suspend obligations during unforeseeable, unavoidable events.
* Vis major does not cover negligence, predictable events, or deliberate acts.
* Insurance coverage for vis major events varies; review policies and consider additional coverage where needed.