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 Rhode Island, as in many jurisdictions, an 'Act of God' refers to an unforeseen natural event that is beyond human control, such as severe weather events or natural disasters. These events can impact contractual obligations, potentially excusing parties from performing their duties under a contract when such performance becomes impossible or impracticable. Force majeure clauses are contractual provisions that define the scope of unforeseeable events that excuse performance, including but not limited to Acts of God. These clauses often cover a range of scenarios, including natural disasters, war, terrorism, pandemics, and governmental actions. The specific language of the force majeure clause is critical in determining whether a party may be excused from performance. Rhode Island courts will interpret these clauses by examining the precise wording and the context of the contract. If a force majeure clause is not included in a contract, parties may still seek relief under the common law doctrine of impossibility or impracticability of performance. However, without a force majeure clause, it may be more challenging to prove that an Act of God has sufficiently impacted contractual obligations to warrant relief.