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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 New York, 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. New York courts typically interpret these clauses narrowly, focusing on the specific language of the contract. To invoke a force majeure clause, the event must be explicitly listed within the clause or fall under a general category of unforeseen events that is included in the clause. Additionally, the party seeking relief must demonstrate that the event was unforeseeable and has directly prevented or delayed performance. If a force majeure clause does not exist in the contract, parties may still seek relief under the common law doctrine of impossibility or impracticability, but these are more difficult to prove and require that the event has rendered the performance objectively impossible or impracticable.

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Contracts

act of God

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Contracts

act of God

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