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 Washington State, as in many jurisdictions, an 'Act of God' refers to unforeseen natural events that are beyond human control, such as earthquakes, tsunamis, or hurricanes. These events can impact contractual obligations, potentially excusing parties from performing their duties under a contract when such performance becomes impossible or impracticable. This concept is often encapsulated in a 'force majeure' clause within contracts. Force majeure clauses are designed to outline the conditions under which parties may be relieved from liability for non-performance due to extraordinary events. The specific language of the force majeure clause is critical, as it determines the scope and application of the clause. Washington courts will interpret these clauses based on the precise wording and the intent of the parties at the time the contract was formed. If a force majeure clause explicitly includes 'Acts of God' as a basis for excusing performance, then parties may be able to invoke it under such circumstances. However, without such a clause, parties may need to rely on common law principles such as impossibility or frustration of purpose to seek relief from contractual obligations due to natural disasters or other unforeseen events.