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 Maryland, 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 by the exercise of reasonable care. This concept is often incorporated into contracts through a force majeure clause, which excuses one or both parties from performance when circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The specific application of a force majeure clause depends on the language of the clause itself. Maryland courts typically interpret these clauses narrowly, looking closely at the events listed in the clause. If the event is not listed, a party may still be obligated to perform under the contract. It is important for parties to a contract to carefully consider and negotiate the terms of any force majeure clause, including what events will excuse performance and the procedures for claiming relief under the clause. An attorney can provide guidance on the drafting and interpretation of force majeure clauses in accordance with Maryland law and ensure that the contract language clearly defines the scope of unforeseeable events that might activate the clause.