What is an Act of God?
An Act of God is “an act, event, happening, or occurrence, which occurred due to natural causes and inevitable accident, or disaster; a natural and inevitable necessity which implies entire exclusion of all human agency which operates without interference or aid from man and which results from natural causes and is in no sense attributable to human agency.” (Black’s Law Dictionary 43. 4th Ed. Rev. 1968)
The term, “Act of God” does not have any religious connotation in a legal sense. It simply refers to any event that is reasonably shown to be unpredictable and occurring outside of human involvement, such as damage from floods, lightning, hurricanes, or storms.
Events that are considered Acts of God are important in many civil cases. A party may not be considered liable for injuries or damages that occur due to unforeseeable events or circumstances as long as they could not have been prevented through reasonable care. Similarly, damages incurred by Acts of God are typically not considered to be breaches of contract. Rulings in cases such as The People v. Tubbs have determined that Acts of God may not only be limited to weather or natural disasters, but also unforeseeable injuries, illnesses, or deaths in humans. There is some debate as to whether defenses under Acts of God can continue as natural occurrences become more predictable, though such defenses continue to be utilized.
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