While the Act of God has not received the extensive analysis in law as it should have, one thing is clear: the Courts focus more on the unforeseeability and impossibility of action that follows to determine whether to nullify a contract based on an Act of God.
Contrary to the commercial construction industry, in which prevenient agreements and purchase orders may be sufficient to govern the relationship between parties, contracts in residential construction must be formal in order to protect homeowners. Particularly, the Consumer Protection Act, 2002 has been deemed to apply to residential construction and renovation agreements.
