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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 South Dakota, as in many jurisdictions, an 'Act of God' refers to an unforeseeable natural event that prevents a party from fulfilling their contractual obligations. This concept is often encapsulated in contracts through a 'force majeure' clause. Force majeure clauses are designed to provide relief to parties when such extraordinary events occur, which are beyond the control of the contracting parties and could not have been reasonably anticipated or mitigated. The specific application of an Act of God or force majeure clause in South Dakota would depend on the exact language of the clause within the contract and the circumstances surrounding the event. South Dakota courts would interpret these clauses based on the contract's language and the intent of the parties at the time of contracting. If a force majeure clause is invoked, the party affected by the Act of God may be excused from performing their contractual obligations, either temporarily or permanently, depending on the extent of the event's impact and the contract's provisions.

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Contracts

act of God

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South-Dakota State Code

South-Dakota State Code

Contracts

act of God

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