Force Majeure vs Act of God
The main difference between force majeure and an act of God is scope. An act of God is a natural event outside human control, such as an earthquake, flood or hurricane. Force majeure is a broader contract term that can excuse performance for both natural events and human events, such as war, strikes, government orders or epidemics, if the clause lists them. Most act of God events fall within a typical force majeure clause.
Force Majeure vs Act of God at a glance
| Force Majeure | Act of God | |
|---|---|---|
| Cause of the event | Natural or human events, such as war, strikes or government action. | Natural forces only, without human involvement. |
| Source | Mainly a contract clause, so protection depends on its exact wording. | A long-standing legal phrase, often listed inside force majeure clauses. |
| Scope | Broad, covering whatever events the parties choose to list. | Narrow, limited to events like storms, floods and earthquakes. |
| Typical examples | Riots, labor strikes, embargoes, cyberattacks and government shutdown orders. | Lightning, tornadoes, hurricanes and earthquakes. |
| Where else it is used | Mainly in contracts to allocate the risk of disruptive events. | Also used in insurance policies and in negligence cases. |
| Drafting | Usually a list of specific events plus a catch-all for similar events. | Usually one item within a longer force majeure list. |
When force majeure applies
A business relies on force majeure when an event outside its control stops it from performing, such as a port closure, a government shutdown order or a cyberattack, and the clause covers that event. The party usually must give notice, show the event caused the failure and take reasonable steps to limit the impact. For example, a manufacturer whose plant is closed by a government order may suspend deliveries while the order lasts.
When act of god applies
A business meets the term act of God when a natural disaster disrupts performance or causes damage, such as a hurricane flooding a warehouse. The phrase appears in contracts, leases and insurance policies, often as one item in a list. For example, a lease may excuse a landlord's repair timelines while a building is being restored after tornado damage.
Dates and deadlines to watch
Force majeure clauses often require written notice within a set time after the event starts, and missing that window can mean losing the protection, so check the contract. Many clauses also let either party terminate if the event lasts beyond a stated period. Insurance policies covering natural disasters have their own claim notice deadlines, which are set by the policy.
Frequently asked questions
It depends on the clause wording and the facts. US courts were more likely to excuse performance where the clause listed pandemics, epidemics or government orders and those events actually prevented performance. Courts were less willing where the clause did not cover the event or where performance only became more expensive or less profitable.
Usually not. Courts often hold that an obligation to pay money is not prevented by a natural disaster or similar event, since payment can usually still be made, unless the clause expressly covers payment. Many clauses specifically exclude payment obligations from force majeure relief.
A party may still rely on common-law doctrines such as impossibility, impracticability or frustration of purpose, but these are narrow and hard to win. The UCC has a similar excuse for sales of goods when an unforeseen event makes performance commercially impracticable. Results vary by state and by the facts.