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 Maine, as in many jurisdictions, an 'Act of God' refers to unforeseen natural events that are beyond human control and can impact contractual obligations. These events, such as earthquakes, tsunamis, or hurricanes, may be covered under a 'force majeure' clause in a contract. A force majeure clause is designed to relieve parties from performing their contractual duties when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible. The specific application of an Act of God to contract obligations in Maine would depend on the language of the force majeure clause and the interpretation of Maine courts. It is important for parties to a contract to carefully draft and review any force majeure clause to ensure it reflects their intentions and covers the types of events they are concerned about. If a force majeure clause is invoked, the party claiming relief may be required to show that the event was unforeseeable and that there are no reasonable measures that could have been taken to avoid or mitigate the event or its consequences.