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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 Hawaii, as in many jurisdictions, an 'Act of God' refers to unforeseen natural events that are beyond human control, such as earthquakes, tsunamis, hurricanes, or volcanic eruptions. These events can impact contractual obligations, potentially excusing parties from performing their duties under a contract when such performance becomes impossible or impracticable. Force majeure clauses are contractual provisions that define the scope of unforeseeable events that excuse nonperformance. The specific language of the force majeure clause will determine whether an Act of God falls within its purview and whether it relieves a party from their contractual obligations. Hawaii state law will interpret these clauses according to general principles of contract law, emphasizing the importance of the contract's language and the intent of the parties. 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 to establish.

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Contracts

act of God

Individual & Family Legal Plan

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Hawaii State Code

Contracts

act of God

Hawaii State Code

Articles