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 Massachusetts, an 'Act of God' refers to unforeseen natural events that are beyond human control and can potentially relieve parties from their contractual obligations. This concept is often encapsulated in a 'force majeure' clause within contracts. Force majeure clauses are designed to outline the conditions under which parties can be excused from performing their contractual duties due to extraordinary events. The specific application of an Act of God or force majeure clause in Massachusetts will depend on the language of the contract and the circumstances of the event. Massachusetts courts will interpret these clauses by examining the contract as a whole, the intentions of the parties, and the specific language used in the force majeure provision. If a force majeure clause clearly covers the event in question, it may provide a defense to a breach of contract claim. However, if the clause is ambiguous or does not specifically address the event, courts may require performance of the contractual obligations.