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 New Jersey, as in many jurisdictions, an 'Act of God' refers to unforeseen natural events that are 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 can be excused from performance without penalty if certain extraordinary events occur. These clauses typically list specific events that qualify, such as natural disasters like earthquakes, tsunamis, or hurricanes, and may also include other events like wars, terrorism, or government actions. The applicability of a force majeure clause depends on the specific language of the contract and the circumstances of the event. New Jersey courts interpret these clauses narrowly, requiring that the event be unforeseeable and directly responsible for the inability to perform contractual obligations. If a force majeure clause is not included in a contract, parties may still invoke the common law doctrine of impossibility or impracticability of performance, but this is a more challenging defense that requires a high threshold of proof.