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 Maine, 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. Maine does not have specific statutes that universally govern the application of force majeure clauses; instead, their interpretation and enforceability are typically determined by the language of the contract itself and case law. Courts in Maine will look at the specific wording of the force majeure clause to determine whether the event qualifies as an Act of God and whether it sufficiently excuses a party from performing their contractual duties. The clause may also cover other extraordinary events like pandemics, riots, or terrorism. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure they understand the scope of events that can trigger the clause and the consequences thereof. An attorney can provide guidance on the drafting and interpretation of such clauses to ensure they meet the parties' needs and comply with applicable legal standards.