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 Florida, an 'Act of God' refers to natural events that are outside human control and cannot be foreseen or prevented, such as hurricanes, earthquakes, or tsunamis. These events may excuse parties from fulfilling their contractual obligations if such obligations become impossible to perform due to these unforeseen events. Force majeure clauses, which are commonly included in contracts, specifically address these situations by defining the types of events that qualify as force majeure and the consequences for the contract when such events occur. Florida courts will interpret these clauses based on the specific language of the contract, and the burden of proof is on the party seeking to invoke the force majeure clause to demonstrate that the event falls within the scope of the clause and that the event has hindered their performance. It is important for parties to a contract to carefully review and understand the force majeure clause to ensure it covers the types of events that could potentially impact their ability to perform contractual obligations.