Force Majeure Defense Rejected for Increased Cost of Materials

A plaintiff, having failed to deliver merchandise to a purchaser by the contractually agreed date, sought to invoke force majeure to be absolved from liability for damages, arguing that the delay was caused by unforeseen difficulties in obtaining materials necessary for manufacture. The court of cassation quashed the lower court's decision, reasoning that the mere difficulty or increased cost of acquiring raw materials, even if unforeseeable, does not constitute an insurmountable external event constituting force majeure, as the delay stems from the inherent risks of commercial activity, specifically the execution of the contract, rather than an absolute impossibility of performance.