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 Texas, an 'Act of God' refers to any natural disaster or event that is outside human control and cannot be anticipated or prevented, such as hurricanes, earthquakes, or floods. This legal concept is relevant in contract law where it may be invoked to excuse a party from fulfilling their contractual obligations due to such unforeseeable events. Force majeure clauses are contractual provisions that define the scope of unforeseeable events that can relieve parties from their contractual duties. In Texas, the enforceability of a force majeure clause depends on the specific language of the clause and the circumstances surrounding the event. The clause must clearly define the events that can trigger its application, and the party seeking relief must demonstrate that the event was beyond their control and directly impacted their ability to perform. If a force majeure clause does not specifically include certain events, such as pandemics or civil unrest, a Texas court may not excuse performance based on those events. It is important for parties to a contract to consult with an attorney to understand the implications of force majeure clauses and the extent to which they may be protected in the event of an Act of God or other uncontrollable circumstances.
