I will talk about the case of State of UP v. Mcdowell & Co. Ltd., 2022 SCC OnLine SC 15, wherein the Hon’ble Supreme Court discussed the concept of ‘Act of God’ or vis major. We hear this term frequently and it is often used as an excuse for not doing something.
I will talk about the case of State of UP v. Mcdowell & Co. Ltd., 2022 SCC OnLine SC 15, wherein the Hon’ble Supreme Court discussed the concept of ‘Act of God’ or vis major. We hear this term frequently and it is often used as an excuse for not doing something.
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Hi everyone.
I am Suyash and today, I will talk about the case of State of UP v. Mcdowell & Co. Ltd., 2022 SCC OnLine SC 15, wherein the Hon’ble Supreme Court discussed the concept of ‘Act of God’ or vis major. We hear this term frequently and it is often used as an excuse for not doing something.
Many a times, natural events such as floods, earthquakes, storms etc. occur and due to such acts, one of the parties to a Contract is not able to fulfil its part of the obligation. In such cases, ‘Act of God’ or vis major is often cited as a reason for non-performance and for escaping liability.
Vis major is a Latin term that literally means “a superior force” and is defined as “a loss that results immediately from a natural cause without human intervention and that could not have been prevented by the exercise of prudence, diligence and care.”
Thus, we see that “any event so out of the ordinary that it could not have been prevented by any amount of human care and forethought” could be termed as ‘Act of God’ or vis major.” Further, ‘Act of God’ “may be thought to include such unexpected occurrences of nature as severe gale, snowstorms, hurricanes, cyclones and tidal-bures. But every unexpected wind and storm does not operate as an excuse from liability, if there is a reasonable possibility of anticipating their happening.”
Further, vis major is not to be confused with force majeure that is a French term also meaning “a superior force.” However, in legal parlance, force majeure signifies both the acts of nature and the acts of people that cannot be anticipated or controlled whereas vis major is a term that specifically connotes to natural causes. Presently, we are only concerned with vis major and not force majeure.
In the present case, the Court also explained that “an act of God is that which is a direct, violent, sudden and irresistible act of nature as could not, by any amount of ability, have been foreseen, or if foreseen, could not by any amount of human care and skill have been resisted. Generally, those acts which are occasioned by the elementary forces of nature, unconnected with the agency of man or other cause will come under the category of acts of God. Examples are storm, tempest, lightning, extraordinary fall of rain, extraordinary high tide, extraordinary severe frost, or a tidal bore which sweeps a ship in mid-water. What is important here is that it is not necessary that it should be unique or that it should happen for the first time. It is enough that it is extraordinary, and such as could not reasonably be anticipated.”
Lastly, the Court discussed that a fire that takes place in industries or go-downs could not be termed as an ‘Act of God’ because even though, as a rule, negligence is not to be presumed but where there is no external natural force such as storm, flood, lightning, earthquake etc., it is not possible to presume that mere happening of a fire is an ‘Act of God’.
Thus, I hope that the meaning and the scope of vis major or ‘Act of God’ is clear by now.
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