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 Michigan, 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. Michigan courts generally enforce these clauses according to their terms, which means that if a force majeure clause explicitly lists events such as natural disasters, pandemics, or civil unrest, parties may be excused from performing contractual obligations if such events occur. However, the applicability of the clause depends on the specific language of the contract. If the force majeure clause is vague or does not explicitly cover the event in question, courts will interpret the clause in the context of the contract as a whole. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure that they adequately protect their interests in the event of unforeseen circumstances. An attorney can provide guidance on the interpretation and enforceability of these clauses under Michigan law.