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 Illinois, an 'Act of God' refers to an unforeseen natural event that is outside the control of the parties involved and cannot be anticipated or prevented. This concept is relevant in contract law where it may relieve parties from fulfilling their contractual obligations if such an event occurs. This is often encapsulated in a 'force majeure' clause within a contract. Illinois courts have recognized force majeure clauses, which typically list specific events that qualify as Acts of God, such as earthquakes, floods, hurricanes, or other natural disasters. The applicability of such a clause depends on the specific language of the contract. If a force majeure clause is invoked, the party affected by the Act of God may be excused from performing their contractual duties, either temporarily or permanently, depending on the extent of the event's impact and the contract's terms. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure clarity on what constitutes an Act of God and the consequences thereof.