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 Mexico, as in many jurisdictions, an 'Act of God' refers to any event that is outside the realm of human control and cannot be predicted or prevented by reasonable measures. This concept is often included in contracts through a force majeure clause, which excuses one or both parties from fulfilling their contractual obligations due to such extraordinary events. New Mexico courts recognize force majeure clauses and will generally enforce them according to their terms, provided they are clear and specific about the events that trigger the clause. The clause may cover natural disasters like earthquakes and hurricanes, as well as other events such as pandemics, riots, and terrorism. It is important for parties to a contract to carefully review and understand the scope of the force majeure clause, as it will dictate their rights and obligations in the face of such unforeseeable events. If a force majeure clause is invoked, the affected party is typically required to notify the other party and may be required to demonstrate efforts to mitigate the impact of the event.