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 Massachusetts, an 'Act of God' refers to unforeseen natural events that are beyond human control, such as earthquakes, tsunamis, or hurricanes, which can impact contractual obligations. Massachusetts law recognizes that such events may excuse parties from performing their contractual duties if the contract includes a force majeure clause. These clauses are designed to outline the conditions under which parties may be relieved from their obligations due to extraordinary events. In addition to natural disasters, force majeure clauses may cover a range of other uncontrollable events such as pandemics, riots, civil unrest, and terrorism. The specific language of the force majeure clause is critical in determining its applicability to a given situation. Courts in Massachusetts will interpret these clauses by examining the precise wording and the intent of the parties at the time the contract was executed. If a force majeure clause is not included in a contract, parties may still seek relief under the common law doctrine of impossibility or impracticability of performance, but this is a more challenging route that requires proving the unforeseen nature of the event and its direct impact on the party's ability to fulfill the contract.