Contracts Keyed to Summers
Facto v. Pantagis
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Leo Facto (Plaintiff) entered into a contract with Snuffy Pantagis Ent., Inc., t/a Defendant Renaissance (Defendant) to hold a wedding reception at Defendant’s banquet hall. Plaintiff made an advance payment of $10,578. The written contract between the parties included aforce majeureclause, which excused Defendant’s 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 Plaintiff’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, Defendant requested that the police evacuate the banquet hall. Plaintiff subsequently brought a breach of contract action to recover the prepayment of $10,578. The trial court found that theforce majeureclause precluded Plaintiff’s claim and dismissed the complaint.
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