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. A force majeure clause may also excuse a party's performance of its obligations for other reasons beyond its control, such as unavailability of products, riots, civil unrest, pandemics, and terrorism.
In Alaska, as in many jurisdictions, an 'Act of God' refers to any event that is outside the control of the parties and could not have been prevented or foreseen. Such events can include natural disasters like earthquakes, tsunamis, or hurricanes. When such an event occurs, it may relieve the parties to a contract from performing their obligations if the contract includes a force majeure clause. A force majeure clause is a contractual provision that excuses one or both parties from performance when circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The specific application of a force majeure clause depends on the language of the clause itself. In Alaska, the courts will interpret these clauses by looking at the actual wording of the contract and the events that occurred. If a force majeure clause is not included in the contract, parties may still be excused from performance under the common law doctrine of impossibility or impracticability of performance. It is advisable for parties to consult with an attorney to understand the implications of force majeure clauses in their contracts and how they may be affected by unforeseen events.