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 Louisiana, an 'Act of God,' also known as 'force majeure,' refers to any event that is beyond the control of the parties involved and could not have been prevented by the exercise of reasonable care. This concept is recognized in Louisiana law and can be used as a defense by a party who is unable to fulfill their contractual obligations due to such an event. Louisiana Civil Code articles 1873 and 1875 address impossibility of performance and may relieve parties from their contractual duties when performance is made impossible by an Act of God. Force majeure clauses are contractual provisions that specify the types of events that can trigger the clause and often outline the procedures that the affected party must follow, such as providing notice to the other party. It is important for parties to a contract in Louisiana to carefully draft and review force majeure clauses to ensure they understand the implications of such events on their contractual obligations.