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 Hawaii, 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 may include natural disasters like earthquakes, tsunamis, or hurricanes. When such an event occurs, it may relieve the affected party from performing their contractual obligations if the contract includes a force majeure clause. Force majeure clauses are contractual provisions that define specific circumstances under which parties can be excused from fulfilling their contractual duties without penalty. In Hawaii, the interpretation of these clauses depends on the specific language of the contract and the circumstances of the case. The clause may also cover other events beyond natural disasters, such as pandemics, riots, civil unrest, or terrorism. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure they understand the scope of events that can trigger the clause and the legal consequences thereof.