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 South Carolina, as in many jurisdictions, an 'Act of God' refers to an unforeseen natural event that is beyond human control, such as severe weather, earthquakes, or other natural disasters. These events can potentially relieve parties from their contractual obligations if they prevent performance. 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 performing their contractual duties without penalty if certain extraordinary events occur. The specific application of an Act of God or force majeure clause in South Carolina 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 force majeure clauses to understand their rights and obligations in the event of such an occurrence. If a dispute arises regarding the interpretation or enforcement of such a clause, South Carolina courts would analyze the contract's language and the facts of the case to determine whether the clause applies.