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 California, an 'Act of God' refers to unforeseen natural events that are beyond human control, such as earthquakes, tsunamis, or hurricanes. 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. California courts generally enforce force majeure clauses according to their specific terms. Such clauses not only cover natural disasters but may also include other events like riots, civil unrest, pandemics, and terrorism, provided these are explicitly mentioned in the clause. The party seeking relief under a force majeure clause must typically show that the event was unforeseeable and that it has directly impacted their ability to perform their contractual duties. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure they understand the scope of events covered and the implications for contractual obligations.