ACT OF GOD

(A) in contracts. This phrase denotes those accidents which arise from physical causes, and which cannot be prevented. 2. Where the law casts a duty on a party, the performance shall be excused, if it be rendered impossible by the act of God; but where the party, by his own contract, engages to do an act, it is deemed to be his own fault and folly that he did not thereby provide against contingencies, and exempt himself from responsibilities in certain events and in such case, (that is, in the instance of an absolute general contract the performance is not excused by an inevitable accident, or other contingency, although not foreseen by, nor within the control of the party. 3. Special bail are discharged when the defendant dies, Tidd, 243 ; actus Dei nemini facit injuriam being a maxim of law, applicable in such case; but if the defendant die after the return of the case and before it is filed, the bail are fixed. (See also Force Majeure) (B) in contracts. Referring to the unpredictable acts of nature such as an earthquake, monsoon, hurricane, tornado or sometimes the sudden death of a person. It is often used in contracts (see force majeure) as a defense against liability for injuries or damages for the inability to perform under a contract. For example, shipping delays as a result of such an act will not be deemed a breach of contract and remedies will typically be stated for such Acts of God.