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 Florida, an 'Act of God' refers to a natural event that is unforeseeable and unavoidable, such as hurricanes, earthquakes, or other severe weather events. Florida law recognizes Acts of God as a potential defense in the performance of contractual obligations. If a contract includes a force majeure clause, this provision may relieve parties from their contractual duties when such extraordinary events occur, provided that the event is within the scope of the clause and directly affects the party's ability to perform. Force majeure clauses are interpreted on a case-by-case basis, and the specific language of the clause will determine the extent of relief available. It is important to note that the party seeking to invoke the force majeure clause typically must show that the event was unforeseeable, that they took reasonable steps to mitigate the impact, and that the event is directly responsible for their inability to perform. If a contract does not contain a force majeure clause, parties may still seek relief under the common law doctrine of impossibility or impracticability of performance, but this is a more challenging defense to prove.