ACT OF GOD - A natural event, not
preventable by any human agency, such as flood, storms,
or lightning. Forces of nature that no one has control
over, and therefore cannot be held accountable.
This phrase denotes those accidents which arise from
physical causes, and which cannot be prevented.
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.
