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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 Georgia, as in many jurisdictions, an 'Act of God' refers to an unforeseen natural event that is beyond human control and can potentially relieve parties from fulfilling their contractual obligations. This concept is often encapsulated in a 'force majeure' clause within contracts. Georgia law recognizes force majeure clauses and enforces them according to their terms. These clauses typically list specific events that qualify as force majeure and dictate the conditions under which parties are excused from performance. If a force majeure clause is not included in a contract, parties may still invoke the common law doctrine of impossibility or impracticability of performance, but this is a more challenging defense because it requires proving that the unforeseen event has rendered the performance of the contract objectively impossible or impracticable. It is important for parties to carefully draft and review force majeure clauses to ensure that they adequately protect their interests in the event of such natural disasters.

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Contracts

act of God

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Georgia State Code

Georgia State Code

Contracts

act of God

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