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 Oklahoma, 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 can relieve parties from their contractual obligations when such extraordinary events occur. Oklahoma courts have recognized force majeure clauses and will generally enforce them according to their terms, provided they are clear and specific. The clause may cover natural disasters like earthquakes, tsunamis, or hurricanes, as well as other events such as pandemics, riots, civil unrest, 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 under what circumstances they may be excused from performance. If a force majeure event occurs that is not covered by the clause, or if there is no such clause in the contract, parties may still seek relief under the common law doctrine of impossibility or impracticability of performance, though these are more difficult to prove.