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act of God

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 North Carolina, 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 North Carolina will depend on the language of the contract and the circumstances of the event. North Carolina courts typically interpret these clauses narrowly, requiring that the event be unforeseeable and directly related to the party's inability to fulfill the contract. If a contract does not contain a force majeure clause, parties may still invoke the common law doctrine of impossibility or impracticability of performance, but this is a high threshold to meet and requires that the event was unforeseeable and has rendered the performance of the contract objectively impossible or impracticable.

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act of God

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Contracts

act of God