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act of God

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 West Virginia, as in many jurisdictions, an 'Act of God' refers to an unforeseen natural event that is beyond human control and can potentially relieve parties from their contractual obligations. This concept is often encapsulated in a 'force majeure' clause within contracts. Force majeure clauses are designed to define the scope of unforeseeable events that excuse nonperformance, including natural disasters like earthquakes, tsunamis, or hurricanes. The specific application of an Act of God or force majeure clause in West Virginia would depend on the language of the contract and the circumstances surrounding the event. If a party seeks to invoke a force majeure clause as a defense for nonperformance, they must demonstrate that the event was unforeseeable and that it has directly impacted their ability to fulfill the contract. West Virginia courts will interpret these clauses based on the precise wording in the contract and the facts of each case.

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Contracts

act of God

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Contracts

act of God

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