Contractual Rescission and Force Majeure Defense Appeal

A case arose concerning a contractual obligation where one party failed to perform, leading the other to seek contractual rescission and damages, but the lower court's decision granting rescission was appealed on the basis that the non-performance was due to an event of *force majeure*. The appellate court, in upholding the rescission, was found by the highest court to have improperly characterized the circumstances preventing performance, as the event relied upon did not meet the required criteria of being irresistible and unforeseeable, thus affirming the lower court's determination that the non-performing party was at fault and liable for breach of contract.