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 Colorado, as in many jurisdictions, an 'Act of God' refers to unforeseen natural events that are beyond human control and can impact contractual obligations. These events, such as earthquakes, tsunamis, or hurricanes, may be covered under a 'force majeure' clause in a contract. A force majeure clause is a contractual provision that excuses one or both parties from performance when circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The specific application of such clauses depends on the language of the contract and the circumstances of the event. Colorado courts will interpret these clauses based on the contract's language and the facts of the situation. If a force majeure clause explicitly includes certain events or uses broad language to encompass all manner of natural disasters, parties may be relieved from their contractual duties if such events prevent them from fulfilling their obligations. It is important for parties to a contract to carefully draft and review force majeure clauses to understand the extent of their rights and obligations under Colorado law.