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Facto v. Pantagis

915 A.2d 59 (2007)

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Facto v. Pantagis

New Jersey Superior Court, Appellate Division

915 A.2d 59 (2007)

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Facts

Leo Facto (plaintiff) entered a contract with Snuffy Pantagis Ent., Inc., t/a Pantagis Renaissance (Pantagis) (defendant) to hold a wedding reception at Pantagis’ banquet hall. Facto made an advance payment of $10,578.00. The written contract between the parties included a force majeure clause, which excused Pantagis’ performance if it was prevented from performing due to an act of God or unforeseen circumstances, including a power failure. About forty-five minutes after Facto’s reception began, a power failure caused the lights and the air conditioner to shut off. The lack of electricity prevented the band, photographer, and videographer from performing their duties. The reception was held on a hot and humid day, leaving guests extremely uncomfortable in the absence of an air conditioner. After several hours, Pantagis requested that the police evacuate the banquet hall. Facto subsequently brought a breach of contract action to recover the prepayment of $10,578.00. The trial court found that the force majeure clause precluded Facto’s claim and dismissed the complaint.

Rule of Law

Issue

Holding and Reasoning (Skillman, J.)

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