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 Montana (MT), 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 foreseen or prevented by reasonable care. This concept is often encapsulated in contracts through a 'force majeure' clause. Montana does not have a specific statute that governs force majeure clauses; instead, their interpretation and enforceability are based on the language of the contract and common law principles. If a force majeure clause is included in a contract, it typically outlines the types of events that qualify as force majeure and may include natural disasters, war, terrorism, pandemics, and other significant events. The clause may relieve the affected party from performing their contractual obligations without penalty if such an event occurs. However, the applicability of a force majeure clause is highly dependent on the specific wording of the clause and the circumstances of the event. Parties to a contract should carefully draft and review these clauses to ensure they understand the scope of protection offered. In the absence of a force majeure clause, parties may still seek relief under the doctrines of impossibility or impracticability of performance, which are recognized in Montana, but these are more difficult to prove and are subject to a higher threshold than a contractual force majeure provision.