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.
In Texas, an 'Act of God' refers to a natural event that is unforeseeable and unavoidable, which can prevent someone from fulfilling their contractual obligations. Texas law recognizes Acts of God as a potential defense in breach of contract cases. The concept is often incorporated into contracts through a 'force majeure' clause. This clause outlines the conditions under which parties may be excused from performing their contractual duties due to extraordinary events beyond their control. Texas courts typically require that the force majeure event be specifically identified in the contract, and the party claiming relief must show that the event was unforeseeable and that there were no reasonable measures to avoid its impact. If a force majeure clause is not included in the contract, parties may still invoke the common law doctrine of impossibility or impracticability to be excused from performance due to an Act of God. However, the applicability of this defense depends on the specific circumstances and the language of the contract.
