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 Dakota, as in many jurisdictions, an Act of God refers to an unforeseen natural event that is beyond human control and can potentially relieve parties from fulfilling their contractual obligations. This concept is often encapsulated in a force majeure clause within a contract. North Dakota does not have a specific statute that governs Acts of God in relation to contracts, so the interpretation largely depends on the language of the force majeure clause itself and common law principles. The clause typically lists the types of events that would trigger its application, such as natural disasters, wars, pandemics, or other significant events that prevent a party from performing its contractual duties. If a force majeure clause is invoked, the affected party may be excused from performance without being considered in breach of contract. It is important for parties to a contract to carefully draft and review these clauses to understand the scope of what is covered and the procedures for notifying the other party in the event of a force majeure.