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 Michigan, as in many jurisdictions, an 'Act of God' refers to any event that is outside human control and cannot be predicted or prevented, such as natural disasters. These events can potentially relieve parties from their contractual obligations if they prevent performance. This concept is often encapsulated in a 'force majeure' clause within contracts. A force majeure clause typically outlines the types of events that qualify as Acts of God and may include natural disasters like earthquakes, tsunamis, or hurricanes, among others. The clause also details the consequences of such an event on the parties' contractual obligations, which can range from a temporary suspension to a complete discharge of the obligation. Michigan courts will interpret these clauses based on the specific language of the contract and the circumstances surrounding the event. It is important for parties to a contract to carefully consider the inclusion and wording of a force majeure clause to ensure it reflects their intentions and provides clear guidance on how to proceed in the event of an unforeseeable natural disaster.