close up of a dictonionary term "act of god" showing a close up of the definition in plain text
Published on December 10, 2020 by Cipparone & Cipparone PA

COVID-19 has disrupted many businesses across the globe. One thing that a business wants to be able to rely on is the validity of their signed contracts. Does COVID-19 constitute an “act of God” excusing performance of a contract? Does it trigger a force majeure clause? Here’s what you should know.

What is an “Act of God”?

In a legal sense, we strictly define an “act of God” as an unforeseeable or un-guardable act that reasonable prudence, diligence, and care cannot prevent or avoid. An “act of God” must be the primary cause of nonperformance.

Typically, catastrophic weather events, including but not limited to tornadoes, floods, and hurricanes, constitute “acts of God.” It does not include economic crisis, termite infestations and sudden power failures.

As COVID-19 has technically been spread by humans, it may not constitute an “act of God”. However, it might be enough to trigger a force majeure clause.

What is Force Majeure?

Similar to “act of God,” force majeure is a contract provision that excuses parties from performance due to unforeseen and unavoidable events. Force majeure, unlike “acts of God,” can encompass pandemics, wars, and other events caused by humans. Despite the intertwined meaning and use of these two statutes, courts more easily dismiss the “act of God” in situations where human decision-making comes into play.

Is COVID-19 an Act of God

Although COVID-19 has certainly brought about abrupt government restrictions to businesses and significant changes to day-to-day business operations, it remains unclear whether it can serve as an excuse for nonperformance. Undoubtedly, state courts will soon begin to hear cases across the country which should put this matter in a more clear light.

Likely, COVID-19 won’t fall under “act of God,” but there is an arguable case for force majeure. Over the next year, attorneys will have to convince the court system that COVID-19 caused nonperformance that was unavoidable or impossible.

Need Legal Advice for a Disputed Contract?

Whether it’s an argument for nonperformance due to COVID-19 or any other contract issue on which you need legal advice, contact the trusted attorneys at The Law Office of Cipparone & Cipparone. With decades of experience, we know how to navigate complex disputes to get the best results for our clients. Contact us today.

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**This blog is for general informational purposes only. Cipparone & Cipparone, P.A. does not distribute legal advice through this blog. As such, this blog does not constitute legal or other professional advice, and no attorney-client relationship is created between the reader and Cipparone & Cipparone, P.A.

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