|
amador
|
 |
« on: August 17, 2010, 12:25:32 PM » |
|
I'm consulting for a firm, and I've found a rather strange line in the contract.
"Neither party shall be liable for any delay or failure in performing its obligations hereunder if caused by a factor beyond such party’s reasonable control, including, without limitation, acts of God, acts of terrorism, acts of government, fire or other casualty. "
It's the first time I see such a thing in a contract. Does that mean, if the firm claims that an act of god made them lose all their funds, would I lose my dues?
On the one hand, I'm disinclined to sign a contract that releases a party from liability because of actions committed by a non-verified, non-visible being. On the other hand, I suppose it doesn't really matter at all since the burden of proof would fall on the party that makes such claims.
Being facetious, I'm inclined to slip in a provision about acts by the Invisible Pink Unicorn... That naughty, mischievous thing of beauty X-D
|
|
|
|
|
Logged
|
|
|
|
venerable_bede
Ain't nothin' but a
Senior member
Posts: 426
|
|
« Reply #1 on: August 17, 2010, 12:42:28 PM » |
|
"Acts of God" is a standard, clearly archaic, legal term. I bet it's all over your auto and home insurance policies, too. It refers to specific things—earthquakes, tidal waves, Earth-encompassing solar flares—not to any old situation that someone wants to claim is caused by God.
Please, please let this not turn into another atheists vs. theists thread.
|
|
|
|
|
Logged
|
Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. --H. L. Mencken
|
|
|
|
paultuttle
|
|
« Reply #2 on: August 17, 2010, 03:10:49 PM » |
|
"Acts of God" now means "things humans cannot control," in officialese.
No theism meant by it; instead, it's a relic of an earlier time, when knighthood was in flower, etc., etc. (and everyone went to the state-sanctioned church).
|
|
|
|
|
Logged
|
Luck favors the prepared.
--Edna Mode, The Incredibles
|
|
|
|
always_seeking
|
|
« Reply #3 on: August 19, 2010, 09:55:18 PM » |
|
During an ice storm, almost a decade ago, a tree branch to fell on the roof of my brand new car (an act of God). Everyone told me to say the branch fell after the storm so my damage would be covered.
|
|
|
|
|
Logged
|
|
|
|
|
breskvar
|
|
« Reply #4 on: August 19, 2010, 10:04:17 PM » |
|
I've seen some contracts use 'force majeure' to describe such events. I think they mean the same thing: something outside anyone's control happens and it can make the terms of the contract void.
Any law faculty here to tell us about these terms?
|
|
|
|
|
Logged
|
|
|
|
|
prytania3
|
|
« Reply #5 on: August 20, 2010, 07:00:47 AM » |
|
Force Majeure is usually used for businesses. For example, oil companies couldn't deliver oil after Katrina--Force Majeure.
Acts of God, I think, is used more for individuals, but it's the same dif.
|
|
|
|
|
Logged
|
Clowns, I tell you. Clowns.
|
|
|
|
