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Facto v. Pantagis

Superior Court of New Jersey

915 A.2d 59 (2007)

Relevant factsFree

Leo Facto (plaintiff) contracted with Snuffy Pantagis Enterprises (Pantagis) (defendant) to hold his wedding reception at Pantagis' banquet hall, prepaying $10,578. The contract had a force majeure clause excusing Pantagis' performance for events like a power failure. About 45 minutes into the reception, a power failure knocked out the lights and air conditioning, disabling the band, photographer, and videographer on a hot, humid day. After hours without power, police evacuated the hall. Facto sued to recover his prepayment, but the trial court held the force majeure clause barred his claim entirely and dismissed the case.

IssueFree

Whether, when one party is relieved of its obligation to perform under a contract's force majeure clause, the other party is also relieved of its obligation to perform.

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