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 Ohio, as in many jurisdictions, an 'Act of God' refers to any event that is outside the control of the parties involved and could not be foreseen or prevented by reasonable measures. Such events can include natural disasters like earthquakes, tsunamis, or hurricanes. When it comes to contracts, these unforeseen events may be addressed in a 'force majeure' clause. This clause is designed to relieve the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The specific language of the force majeure clause is critical, as it defines what events are covered and may include not only natural disasters but also events like riots, civil unrest, pandemics, and terrorism. Ohio courts typically interpret these clauses narrowly, looking closely at the events listed in the contract. If the event is not explicitly mentioned, a party may still be required to perform its contractual obligations. Therefore, it is important for parties to carefully draft and review the force majeure clauses in their contracts to ensure that they adequately cover potential scenarios that might prevent contractual performance.