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 Delaware, 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 allows parties to suspend or terminate their obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The specific application of an Act of God to contract obligations in Delaware would depend on the language of the force majeure clause and the interpretation of Delaware courts. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure they understand the implications of such events on their contractual responsibilities.