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 Washington State, as in many jurisdictions, an 'Act of God' refers to any event that is outside the control of the parties and could not have been prevented or foreseen. Such events can include natural disasters like earthquakes, tsunamis, or hurricanes. When such an event occurs, it may relieve the affected party from performing their contractual obligations if the contract includes a force majeure clause. Force majeure clauses are contractual provisions that define specific circumstances under which parties can be excused from performing their contractual duties without penalty. In addition to natural disasters, these clauses often cover other events such as wars, terrorism, pandemics, labor strikes, and governmental actions. The enforceability and interpretation of force majeure clauses in Washington are determined by the specific language of the clause and the circumstances of the case. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure they understand the scope of events that can trigger the clause and the legal consequences thereof.