An Act of God is a natural force outside of human control (such as an earthquake, tsunami, or hurricane), and may relieve a party or parties to a contract or agreement from having to perform their obligations. Such Acts of God are often addressed in a force majeure clause, which typically appears near the end of the contract or agreement.
In Alabama, an 'Act of God' refers to unforeseen natural events that are beyond human control and cannot be anticipated or guarded against, such as earthquakes, tsunamis, or hurricanes. These events may excuse parties from performing contractual obligations if they prevent performance or make it impracticable. Force majeure clauses, which are commonly included in contracts, specifically address such circumstances and define the scope of relief available to the affected parties. These clauses typically outline the conditions under which a party may be excused from performance, the process for notifying the other party, and any requirements to mitigate the effects of the force majeure event. Alabama courts will interpret these clauses based on the specific language of the contract and the facts surrounding the event. It is important for parties to a contract to understand how force majeure clauses operate and to ensure that the clause is clearly drafted to cover the types of events that might affect their ability to perform contractual obligations.