Facto v. Pantagis

915 A.2d 59, 390 N.J. Super. 227, 2007 N.J. Super. LEXIS 22
CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 29, 2007
StatusPublished
Cited by16 cases

This text of 915 A.2d 59 (Facto v. Pantagis) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Facto v. Pantagis, 915 A.2d 59, 390 N.J. Super. 227, 2007 N.J. Super. LEXIS 22 (N.J. Ct. App. 2007).

Opinion

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This is a breach of contract action arising out of the cancellation of a wedding reception due to a power faüure.

Plaintiffs contracted with defendant Snuffy Pantagis Ent., Inc., t/a Pantagis Renaissance, a banquet haE in Scotch Plains, for a wedding reception for 150 people, to be held between 6 p.m. and 11 p.m. on Saturday, August 3, 2002. The total contract price was $10,578, aE of which was to be paid in advance. The contract contained a force majeure clause, which stated: “Snuffy’s wfll be excused from performance under this contract if it is prevented from doing so by an act of God (e.g., flood, power faEure, etc.), or other unforeseen events or circumstances.”

[229]*229Less than forty-five minutes after the reception began, there was a power failure in the area where the Pantagis Renaissance is located. At the time, plaintiffs were in an upstairs room with the bridal party, and their guests were downstairs being served alcoholic beverages and hors d’oeuvres. The power failure caused all the lights, except emergency lights, to go out and the air conditioning system to shut off. In addition, the band plaintiffs had hired for the reception refused to play without lights or the electricity required to operate their instruments, and the lack of lighting impeded the wedding photographer and videographer from taking pictures.

On the day of the reception, the temperature was in the upper 80s or low 90s and the humidity was high. As a result, plaintiffs and their guests became extremely uncomfortable within a short time after the power failure. According to plaintiffs, some of the guests resorted to pouring water over their heads to keep cool.

When it became evident that electricity would not be restored quickly, the manager of the Pantagis Renaissance offered to reschedule the reception. However, many of plaintiffs’ guests had traveled a substantial distance to attend the wedding and would not have been able to return on another date. Therefore, plaintiffs declined the offer.

There was some dispute regarding the services provided after the power failure. Plaintiffs testified that the Pantagis Renaissance stopped serving alcoholic beverages around 7:30 p.m. and that the only food it served in addition to hors d’oeuvres was salad. However, the banquet hall’s general manager testified that the facility continued to serve alcoholic beverages until after 9 p.m. and that it served plaintiffs and their guests salad and pasta and started to serve them dinner.

Shortly after 9 p.m., there was some kind of altercation between one of plaintiffs’ guests and an employee of the Pantagis Renaissance. As a result, the banquet hall called the police, who arrived around 9:30 p.m. By this time, the batteries operating the emergency lights had begun to run out of power, and the only illumina[230]*230tion was provided by candelabras on the tables. Therefore, the manager of the Pantagis Renaissance asked the police to evacuate the facility, which was then occupied not only by plaintiffs and their guests but also the attendees at four other wedding receptions.

Plaintiffs subsequently brought this breach of contract action seeking recovery of the $10,578 they prepaid for the wedding reception plus the $6,000 paid to the band, $3,810 paid to the wedding photographer and $3,242.09 paid to the videographer. Plaintiffs’ complaint also asserted a negligence claim.

The ease was tried in a half-day bench trial. The trial court concluded in a brief oral opinion that plaintiffs’ breach of contract claim was barred by the force majeure clause of the contract because the power failure was an “unusual extraordinary unexpected circumstance” that could not be avoided by “reasonable human foresight.” The court dismissed plaintiffs’ negligence claim on the ground there was no evidence the Pantagis Renaissance was responsible for the power failure or failed to take reasonable measures to respond to this unforeseen circumstance. Accordingly, the court entered judgment dismissing plaintiffs’ complaint.

On appeal, plaintiffs challenge the dismissal of both their negligence and contract claims. Plaintiffs’ arguments in support of their negligence claim are clearly without merit and do not warrant extended discussion. R. 2:ll-3(e)(l)(E). Plaintiffs failed to present any evidence that could support a finding that defendants were negligent. Moreover, even if defendants had been negligent, their liability for failure to perform the contract would still be governed solely by the law of contracts. See Saltiel v. GSI Consultants, Inc., 170 N.J. 297, 309-10, 788 A.2d 268 (2002).

Plaintiffs’ contract claim presents more difficult issues. We agree with the trial court’s conclusion that the power failure relieved the banquet hall of the obligation to provide plaintiffs with a wedding reception. Therefore, the banquet hall’s failure to perform the contract due to the absence of electricity did not [231]*231constitute a breach. But even though there was no breach, the banquet hall’s inability to perform the contract also relieved plaintiffs of their obligation to pay the contract price. Consequently, plaintiffs are entitled to recovery of the $10,578 they prepaid the banquet hall, less the value of the services they did receive.

Even if a contract does not expressly provide that a parly will be relieved of the duty to perform if an unforeseen condition arises that makes performance impracticable, “a court may relieve him of that duty if performance has unexpectedly become impracticable as a result of a supervening event.” Restatement (Second) of Contracts § 261 cmt. a (1981); see M.J. Paquet, Inc. v. N.J. Dep’t of Transp., 171 N.J. 378, 390-91, 794 A.2d 141 (2002). In deciding whether a party should be relieved of the duty to perform a contract, a court must determine whether “the existence of a specific thing is necessary for the performance of a duty” and “its ... destruction, or ... deterioration ... makes performance impracticable[.]” Restatement (Second) of Contracts § 263 (1981); see Brauer v. Hyman, 98 N.J.L. 743, 746, 121 A. 667 (E. & A.1923). As explained in Corbin: “If the contract contains no words of express condition to either party’s duty of performance, the court may have to fill the gap and determine whether the continued availability of certain means of performance should be deemed a constructive or implied condition.” 14 Corbin on Contracts § 75.7 (Perillo rev.2001). One court has recognized that even in the absence of a force majeure clause, a power failure is the kind of unexpected occurrence that may relieve a party of the duty to perform if the availability of electricity is essential for satisfactory performance. See Opera Co. of Boston, Inc. v. Wolf Trap Found. for Performing Arts, 817 F.2d 1094 (4th Cir.1987) (power failure that prevented safe performance of concert).

A force majeure clause, such as contained in the Pantagis Renaissance contract, provides a means by which the parties may anticipate in advance a condition that will make performance impracticable.

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Bluebook (online)
915 A.2d 59, 390 N.J. Super. 227, 2007 N.J. Super. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/facto-v-pantagis-njsuperctappdiv-2007.