Contractual Liability and Force Majeure in Goods Delivery Dispute

The dispute arose from a contractual agreement concerning the delivery of goods, where one party claimed non-performance by the other, leading to a claim for rescission of the contract and damages. The lower court had found that the failure to deliver, despite being excused by a force majeure event (a widespread strike preventing transport), did not automatically absolve the non-performing party from liability, particularly concerning damages arising from the delay that preceded the *force majeure* event, or if the inability to perform persisted after the event ceased. The highest court upheld the lower court's decision, reasoning that while *force majeure* can temporarily suspend or extinguish contractual obligations, it does not necessarily retroactively erase liability for breaches or delays that occurred prior to the event, nor does it excuse performance if the event's effects have ceased and performance remains possible, thereby affirming the lower court's basis for awarding damages.