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 New Jersey, 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 their contractual obligations. This concept is often encapsulated in a 'force majeure' clause within contracts. New Jersey courts generally enforce force majeure clauses according to their specific terms. Therefore, if a force majeure clause explicitly includes natural disasters (like earthquakes, tsunamis, or hurricanes) or other events (such as pandemics, riots, or terrorism), and such an event occurs, the affected party may be excused from performing its contractual duties if it can demonstrate that the event prevented, hindered, or delayed its performance. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure they reflect the intended allocation of risk for unforeseeable events. An attorney can provide guidance on the interpretation and enforceability of these clauses in the context of New Jersey law.