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act of God

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 Arkansas, as in many jurisdictions, an 'Act of God' refers to any event that is outside the control of humans and could not have been prevented by reasonable foresight or care. This concept is often included in contracts through a 'force majeure' clause, which can release parties from their contractual obligations when such extraordinary events occur. Arkansas courts have recognized Acts of God as a legitimate defense in certain situations. However, the applicability of this defense depends on the specific language of the contract and the circumstances surrounding the event. If a force majeure clause is present in a contract, it must clearly define what constitutes an Act of God and the extent to which it excuses performance. Without a clear force majeure clause, parties may face challenges in proving that an Act of God has occurred and that it has directly impacted their ability to perform their contractual duties. It is advisable for parties to consult with an attorney to understand the implications of force majeure clauses in their contracts and how they may be interpreted under Arkansas law.

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Contracts

act of God

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Arkansas State Code

Arkansas State Code

Contracts

act of God

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