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 York, an 'Act of God' refers to unforeseen natural events that are 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 York courts typically enforce these clauses based on their specific language, and the event in question must be unforeseeable and not due to any party's fault. The clause may also cover other extraordinary events like pandemics, riots, or terrorism, which can similarly excuse performance. It is important for such a clause to be clearly drafted, as courts will interpret them narrowly, focusing on the events explicitly mentioned in the contract. If a force majeure clause is invoked, the affected party is generally required to prove that the event was unforeseeable, that it has made reasonable efforts to perform despite the event, and that the event has made performance impossible or impracticable.