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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 Virginia, an 'Act of God' refers to unforeseen natural events that are beyond human control and can potentially relieve parties from their contractual obligations. This concept is often encapsulated in a 'force majeure' clause within contracts. Force majeure clauses are designed to define the scope of unforeseeable events that excuse nonperformance, including natural disasters like earthquakes, tsunamis, or hurricanes. The specific language of the clause will determine whether a party is excused from performance and under what conditions. Virginia courts will interpret these clauses based on the precise wording used in the contract, and the burden of proof is typically on the party seeking relief to demonstrate that the event falls within the clause and has prevented performance. It is important for contracts to clearly articulate the effects of such clauses, including any notification requirements and mitigation obligations.

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Contracts

act of God

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Contracts

act of God

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