Contract Glossary
Act of God
Definition
An event caused by natural forces beyond anyone's control — earthquakes, hurricanes, floods, volcanic eruptions, or severe storms — that could not have been predicted or prevented. In contract law, an Act of God typically excuses a party from performing their obligations if the event makes performance impossible or impracticable.
In Practice
A construction company contracts to build a commercial building by December. In October, an unprecedented hurricane destroys the partially completed structure and surrounding infrastructure. The contractor invokes the Act of God provision to extend the deadline and excuse responsibility for the damage. Without such a clause, the contractor could be held in breach for missing the completion date — even though no reasonable precaution could have prevented a Category 5 hurricane.
Example Clause
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay results from an Act of God, including but not limited to earthquake, flood, hurricane, tornado, wildfire, tsunami, or other natural disaster beyond the reasonable control of the affected party, provided that the affected party gives prompt written notice and uses commercially reasonable efforts to resume performance.
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Frequently asked questions about act of god
Scope. An Act of God refers specifically to natural events — earthquakes, floods, storms. Force majeure is broader and can include man-made events like wars, government actions, pandemics, strikes, and terrorism in addition to natural disasters. Most modern contracts use force majeure clauses because they cover more scenarios. If your contract only has an Act of God clause, events like a government lockdown or a cyberattack may not be covered.
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Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.