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 Dakota, 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. Force majeure clauses are designed to outline the conditions under which parties may be excused from performing their duties due to extraordinary events. The specific application of an Act of God in contract law can vary depending on the language of the force majeure clause and the circumstances of the event. North Dakota courts will interpret these clauses by examining the contract language and the facts surrounding the non-performance. If a force majeure clause explicitly includes certain natural disasters or events as Acts of God, parties may be relieved from performance to the extent provided by the contract. However, if the contract does not contain such a clause, parties may still seek relief under the common law doctrine of impossibility or impracticability of performance, provided they can demonstrate that the event was unforeseeable and has rendered their contractual obligations impossible or unreasonably burdensome to fulfill.