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 Montana, as in many other jurisdictions, an 'Act of God' refers to an unforeseeable natural event that prevents a party from fulfilling their contractual obligations. These events are typically beyond human control, such as earthquakes, tsunamis, or hurricanes. Montana contract law recognizes that such events may excuse nonperformance under a contract if they render performance impracticable. The concept is often encapsulated in a 'force majeure' clause within contracts. A force majeure clause is a contractual provision that allows parties to suspend or terminate the performance of their obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The specific application of an Act of God or force majeure clause in Montana would depend on the exact language of the clause and the circumstances surrounding the event. It is important for parties to a contract to carefully draft and review these clauses to understand their rights and obligations in the event of such a natural disaster or other uncontrollable event.