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 Virginia, as in many jurisdictions, an 'Act of God' refers to an unforeseen natural event that is beyond human control, such as severe weather, earthquakes, or floods. Virginia law recognizes that such events can interfere with the ability of parties to fulfill their contractual obligations. Force majeure clauses are contractual provisions that can relieve parties from liability for non-performance when circumstances beyond their control, including Acts of God, prevent them from fulfilling their contractual duties. These clauses typically enumerate specific events that qualify and may also include other disruptive occurrences like pandemics, labor strikes, or political unrest. The specific language of the force majeure clause will determine its applicability to a given situation. If a contract does not contain a force majeure clause, parties may still invoke the common law doctrine of impossibility or impracticability of performance, but this is a more challenging defense that requires proving the unforeseen nature of the event and its direct impact on performance. It is important for parties to consult with an attorney to understand the implications of force majeure clauses in their contracts and the applicability of common law defenses in the event of an Act of God.