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 West Virginia (WV), as in many jurisdictions, an 'Act of God' refers to natural events that are unforeseeable and unavoidable, such as severe weather events, earthquakes, or other natural disasters. These events can potentially relieve parties from their contractual obligations if they prevent performance. This concept is often encapsulated in contracts through a 'force majeure' clause. Force majeure clauses are designed to outline the conditions under which parties can be excused from performing their contractual duties without penalty if certain extraordinary events occur. In addition to natural disasters, these clauses may also cover other events beyond the control of the parties, such as strikes, wars, pandemics, or government actions. The specific application of a force majeure clause in WV would depend on the exact language of the clause and the circumstances surrounding the event in question. It is important for parties to a contract to carefully draft and review force majeure clauses to ensure clarity on what events are covered and the consequences of such events on contractual obligations.