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 Georgia, as in many jurisdictions, an 'Act of God' refers to any event that is outside the realm of human control and cannot be anticipated or prevented. Such events can include natural disasters like earthquakes, tsunamis, or hurricanes. Under Georgia law, an Act of God may excuse a party from performing their contractual obligations if it renders performance impossible. This is often codified in contracts through a force majeure clause. A force majeure clause is designed to protect parties in the event that a contract cannot be fulfilled due to circumstances beyond their control. In addition to natural disasters, these clauses may cover events such as riots, civil unrest, pandemics, terrorism, and other unforeseeable events that prevent one or both parties from fulfilling their contractual duties. It is important for parties to a contract to carefully negotiate and draft the force majeure clause to ensure it reflects their intentions and provides clear guidance on what events will trigger the clause, as well as the consequences thereof. An attorney can provide crucial assistance in interpreting or drafting such clauses to ensure they are enforceable and provide the desired protection.