Vis Major - Law Dictionary Search Results
Home Dictionary Name: vis majorVis major force majeure usual
Vis major force majeure usual, the expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges has agreed that strikes, break-down of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. Where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', and even if this be the meaning, it is obvious that the condition about 'force majeure' in the agreement was not vague. The use of the word 'usual' makes all the difference, and the meaning of the condition may be made certain by evidence about a force majeure clause, which was in contemplation of parties, Dhanrajamall Gobindram v. Shamji Kalidas, AIR 1961 SC 1285 (192...
vis major
vis major [Latin, literally, greater force] : an overwhelming force ;also : act of god ...
Vis major
Vis major, insuperable accident, irresistible force. See ACT OF GOD.Means 'act of God' is a mere short way of expressing the proposition that a common carrier is not liable for any accident as to which he can show that it is due to natural causes directly and exclusively, without human intervention, and that it could not have prevented by any amount of foresight and pains and care reasonably to be expected for him, Baldeo Narain v. State of Bihar, AIR 1959 Pat 442....
Force majeure
Force majeure, irresistible compulsion, coercion diplomatically recognized as irresistible, Concise Oxford Dict. Compare ACT OF GOD; RESTRAINT OF PRINCES.An event or effect that can be neither anticipated no controlled, Black's Law Dictionary, p. 657.The expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges have agreed that strikes, breakdown of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. An analysis of rulings on the subject into which it is not necessary in this case to go, shows that where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', Dhanrajamal Gobindram v. Shamji Kalidas and Co., AI...
Major
Greater in number quantity or extent as the major part of the assembly the major part of the revenue the major part of the territory...
major diatonic scale
The natural diatonic scale which has semitones between the third and fourth and seventh and eighth notes and whole tones between the other notes the scale of the major mode of which the third is major also called major scale See Scale and Diatonic...
Major port
Major port, means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 213. [Constitution of India, Art. 364(2)(a)]The President is empowered to exclude, restrict or modify the laws made by Parliament or a State Legislature or the existing laws in their application to major ports, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 203, Constitution of India, Art. 364....
Collision of ships
Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
major dispute
major dispute : a labor dispute that pursuant to the Railway Labor Act concerns the making or modification rather than the interpretation of a collective bargaining agreement called also new contract dispute; compare minor dispute NOTE: Under the Railway Labor Act, which is also referred to in airline cases, a major dispute must go to mediation or arbitration if necessary. ...
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