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 North Carolina, an 'Act of God' refers to unforeseen natural events that are beyond human control and cannot be anticipated or prevented, such as hurricanes, earthquakes, or tsunamis. These events can impact contractual obligations, potentially excusing parties from performing their duties under a contract when such performance becomes impossible or impracticable. Force majeure clauses are contractual provisions that define the scope of unforeseeable events that excuse nonperformance, including but not limited to Acts of God. These clauses may also cover other events like pandemics, riots, or terrorism. The specific language of the force majeure clause will determine its applicability to a given situation. North Carolina courts interpret these clauses narrowly, requiring that the claimed event falls within the clause's language and that there is a causal link between the event and the party's inability to perform. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure they understand the extent of their rights and obligations in the face of such events.