LEO FACTO AND ELIZABETH FACTO, PLAINTIFFS-APPELLANTS, v. SNUFFY PANTAGIS, PANTAGIS RENAISSANCE AND SNUFFY PANTAGIS ENT., INC., DEFENDANTS-RESPONDENTS., 390 N.J. Super. 227

Summary

Less than 45 minutes after the reception began, the power failure occurred. Eventually, the police came and evacuated all persons from the banquet hall. The trial court concluded that plaintiffs' breach of contract claim was barred by the force majeure clause of the contract because the power failure was an unusual, extraordinary, and unexpected circumstance that could not be avoided by reasonable human foresight. The trial court also dismissed plaintiffs' negligence claim on the ground there was no evidence that defendant was responsible for the power failure or failed to take reasonable measures to respond to the unforeseen circumstance. The court agreed with the trial court's conclusion that the power failure relieved defendant of the obligation to provide plaintiffs with a wedding reception and, therefore, defendant's failure to perform the contract due to the absence of electricity did not constitute a breach. However, defendant's inability to perform the contract also relieved ...