VIS MAJOR. 11.1. If a Party is prevented in whole or in part from carrying out its obligations under this Agreement (other than an obligation to pay monies which are due and payable) as a result of vis major, it will promptly notify the other Party accordingly. The notice must: -
VIS MAJOR. 21.7.1 Failure to comply with any of the terms and conditions of the Agreement if occasioned by or resulting from an act of nature or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, as well as shortages, interruptions, fluctuations or the unavailability of electrical power, water supply or means of communication or any circumstances of like or different nature beyond the reasonable control of the party so failing ("vis major"), will not be deemed to be a breach of the Agreement, nor will it subject either party to any liability to the other.
VIS MAJOR. 41.1 No party shall be liable for any failure to fulfil its duties and obligations in terms of this contract where such failure is caused by any event, occurrence, circumstance or condition beyond the reasonable control of such party (including, but not limited to casus fortuitus, landslides, lightning, earthquakes, tornados, floods, other acts of God, acts of military or third–party civil authorities or public enemies, war blockade, sabotage, fire, explosion, bombing, insurrection, riot or civil disobedience), the occurrence of which could not have been reasonably foreseen and which, despite the exercise of diligent efforts could not have been prevented, limited or minimised, that affects the powers, rights, duties or obligations of the parties under this contract. It is specifically recorded that failure by the Department to effectively manage water resources constitutes an event, occurrence, circumstance or condition for purposes of this clause.
VIS MAJOR. Either party shall be entitled to postpone, suspend or cancel the performance of any obligation under this agreement to the extent that such postponement, suspension or cancellation is brought about by circumstances beyond the reasonable control of the parties concerned, including but not limited to, acts of government or other authorities, an act of God, riots, unavailability of or interruption in the supply of services or materials, or as a result of safety, health or environmental pressures, breakdown of equipment or vehicle or quarantine.
VIS MAJOR. 21.1. If any event or combination of events adversely affecting the ability of either party to perform its obligations under this agreement arises from, or is attributable to, acts, events, omissions or accidents beyond the reasonable control of the party whose ability is so affected, negligence excluded, for a period of at least 20 (twenty) consecutive working days, then the provisions of clause 20.3 shall apply at the election of the party whose ability is adversely affected. Any such event shall include, without derogating from the generality of the foregoing:
VIS MAJOR. 23.1 Vis Major shall include but not be limited to strikes, lock-outs, shortage of labour, civil commotion, riots, war, threat of or preparation of war, fire, explosion, sabotage, storm, flood, earthquake, fog, subsidence, power outage, telecommunications and internet failure beyond the control of FAM or any other cause of contingency beyond the control of the Parties.
VIS MAJOR. In todays modern life, the majority of agreements contain a vis major clause (also known as force majeure or Act of God). The main purpose of a vis major clause, is to regulate an effort to protect against the potential risk of an occurrence, through no fault or act of either of the parties, which may render the performance of contractual obligations impossible. In order to rely on a vis major as a ground for non-performance, a contracting party must determine whether the agreement contains such provision, and if so, must be able to prove that the event or occurrence preventing performance: Must not be within such party’s reasonable control; Could not have been avoided or mitigated in any reasonable manner; and Was not due to a result of such a party’s own doing or fault or willful conduct or default. The starting point will always be how the lease agreement is worded and interpreted. One who wishes to rely on vis major must give proper notice to the other contractual party and must ensure that the current event, such as the COVID-19, is covered by the events listed in such clause. An example of such exclusions of liability will be worded as follows: “The lessor shall not be responsible for any damage or inconvenience which the lessee may suffer owing to any interruption from time to time in the supply of electricity or other amenities, nor shall the lessee be entitled to cancel this lease or to an abatement or remission of rent in respect of any such occurrence whether vis major or any other cause whatsoever.” Unfortunately, in most written lease agreements the landlord will exclude liability in their lease agreements and will ensure that even if this event occur, the tenant will remain liable to perform in terms of the lease agreement. What if your lease agreement does not contain a vis major provision, is it the end of the road for you as a tenant? In such instance, parties can rely on the principle of supervening impossibility. SUPERVENING IMPOSSIBILITY: A supervening impossibility, in terms of the South African common law, is where the performance in terms of a contract becomes impossible through no fault of either of the parties. The standard is high to prove that where performance can still be made, albeit at a higher cost or with economic hardship, the courts are unlikely to consider this to be a supervening impossibility. Case law has indicated that performance needs to be more than just more difficult or more onerous, it must be objectively impos...
VIS MAJOR. 12.1 Sublime shall not be liable for any delay or any failure to perform any obligation under this contract due to any cause beyond Sublimes reasonable control including, but not limited to, lack of instructions from the buyer, stock shortage, failure by any of its suppliers or manufacturers to deliver goods to Sublime, strikes, lock-outs, all other industrial action, government action, acts of God, sabotage, terrorism, civil commotion, riot, war, fire, explosion, natural physical disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
VIS MAJOR. 7.1 The inability of either party to perform any of their respective obligations in this agreement shall not constitute a breach of this agreement, where such inability to perform is caused by:
VIS MAJOR. In the event of compliance with the terms and conditions of this agreement being frustrated or delayed by strikes, riots, lock-outs, trade disputes, vis-major, acts of God or any other cause not within the control of the Company, it is agreed that the Company shall not be held liable for any loss of trade or profit consequent upon such cause.
