As a legal concept, an Act of God is an event that may be attributable entirely to nature without any form of human interference. This means that no one may be held accountable for the event that occurred. In many cases, no one could be held at fault for the consequences as well. The “Act of God” clause may bear some legal impact on contracts, liabilities and other binding agreements. These clauses are also referred to as “force majeure,” referencing events that may be beyond human control.
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Examples of Acts of God
In contracts law, events that may be considered acts of God are spelled out specifically in the agreement along with legal and financial relief that parties involved may pursue. For instance, climate and weather-related events such as earthquakes, hurricanes, and tornadoes are typically cited as acts of God. These events, predictable to some extent, cannot be prevented from happening.
Non-weather related events may also be considered under the Act of God clause because they are largely beyond the control of individuals. War, riots and labor strikes may count as acts of God in the legal sense and for the purpose of accounting for harm and liability suffered by a party to a contract.
Significance of the Act of God Clause
The legal significance of the “Acts of God” clause has to do with contract fulfillment and enforcement of obligations. Acts of God may be cited for scheduling delays or failure to complete a project. Acts of God may exempt insurers from covering damages to property or providing compensation for loss of lives that can be proven to be directly related to the exempted catastrophe. Whether an event falls under the “Act of God” clause depends on the language of the contract. Contract disputes arise from whether an event should be appropriately considered an Act of God under the terms of the contract or if it was a foreseeable natural event where the parties involved could have mitigated damages and losses.
The “Act of God” clause provides a defense against breach of contract for failure to perform due to impossibility or impracticality to do so. The promise to perform may be discharged because unforeseen circumstances may have resulted in delays, additional expenses, and other obligations. It is important to note that no specific religion is attached to the use of this phrase and any references to “Acts of God” as a legal concept.
Mitigation, Prevention, and Exclusions
Natural disasters, such as earthquakes and tornadoes, are most commonly cited as examples of Acts of God. When insurance policies intend to cover Acts of God, they will usually list specific events with very specific limitations and descriptions, according to USlegal.com.
However, it must be emphasized that the “Acts of God” allows any party to escape responsibility for the damage or harm that results from the event. For instance, it is generally accepted that natural disasters are difficult to predict and really impossible to prevent from happening, but the parties covered by the insurance policy cannot use unpredictability to avoid taking precautionary measures to minimize, if not avoid, damage from these catastrophes.
Anyone who is party to a contract should review all the exclusions that are specified under Acts of God. In general, an exclusion means that the parties may need to consider a supplemental policy or agreement written specifically for that occurrence.