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 Minnesota, as in many jurisdictions, an 'Act of God' refers to an unforeseen natural event that is beyond human control and can potentially relieve parties from fulfilling their contractual obligations. This concept is often encapsulated in a 'force majeure' clause within contracts. Minnesota courts generally enforce force majeure clauses according to their terms. The clause must explicitly mention the types of events that would trigger relief from contractual duties, and the party seeking relief must demonstrate that the event was unforeseeable and directly led to their inability to perform. If a contract does not contain a force majeure clause, parties may still seek relief under the common law doctrine of impossibility or impracticability of performance, but this is a higher threshold to meet. It requires proving that the unforeseen event has rendered the performance of the contract objectively impossible or impracticable, not just more difficult or expensive.