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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 Nebraska, as in many jurisdictions, an 'Act of God' refers to any event that is outside the control of the parties involved and could not have been prevented by the exercise of prudence, diligence, and care. This concept is often included in contracts through a 'force majeure' clause, which can release the parties from their contractual obligations when such extraordinary events occur. Nebraska courts will generally enforce force majeure clauses according to their terms, provided they are clear and specific. The clause must enumerate the types of events that would trigger relief from contractual duties, and an Act of God is typically among those listed. If a force majeure clause is invoked due to an Act of God, the party affected must usually show that the event was unforeseeable and that it has made performance of the contract impossible or impracticable. It is important to note that the interpretation of these clauses can vary, and the specific language of the contract will be key in determining the outcome. An attorney can provide guidance on the applicability of a force majeure clause in a particular situation.

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Contracts

act of God

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Nebraska State Code

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Contracts

act of God

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