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 Mexico, as in many jurisdictions, an 'Act of God' refers to unforeseeable natural events that can impact contractual obligations. These events are typically beyond human control, such as earthquakes, tsunamis, or hurricanes. New Mexico recognizes the concept of force majeure, which is a clause included in contracts to address such unforeseeable events. A force majeure clause generally relieves the affected party from liability for nonperformance when circumstances beyond their control prevent them from fulfilling their contractual obligations. The specific application of an Act of God or force majeure clause in New Mexico would depend on the language of the contract and the circumstances surrounding the event. It is important for parties to a contract to carefully draft and review any force majeure clauses to ensure that they adequately address potential Acts of God and their consequences on contractual duties.