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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 Oregon, as in many jurisdictions, an 'Act of God' refers to unforeseen natural events that are beyond human control and can impact contractual obligations. These events, such as earthquakes, tsunamis, or hurricanes, may be covered under a 'force majeure' clause in a contract. A force majeure clause is a contractual provision that allows parties to suspend or terminate their obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The specifics of how an Act of God affects contractual obligations would depend on the language of the force majeure clause itself. Oregon courts will interpret these clauses based on the actual wording in the contract and the circumstances surrounding the event. If a contract does not contain a force majeure clause, parties may still seek relief under the common law doctrine of impossibility or impracticability of performance, but this is a more challenging route as it requires proving that the unforeseen event has rendered the performance of the contract truly impossible or impracticable.

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act of God

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Contracts

act of God

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