JURITEXT000006952720 Généré par l'IA

Buyer's Election of Damages Bars Subsequent Rescission Claim

Numéro de cause JURITEXT000006952720

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-19

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A contract was entered into for the sale of land with a clause stipulating the seller was obligated to secure a right of way across an adjacent property, and if unable to do so within a specified time, the sale would be automatically rescinded without fault; however, the buyer subsequently initiated a lawsuit seeking only damages, not rescission, after the deadline passed without the right of way being obtained, and the court held that the buyer's pursuit of damages constituted an unequivocal acceptance of the contract's execution despite the non-fulfillment of the resolutory condition, thereby precluding the buyer from later seeking the automatic rescission stipulated in the agreement.

Regeste Legislator

Généré par l'IA

Buyer's Election of Damages Bars Subsequent Rescission Claim: A contract was entered into for the sale of land with a clause stipulating the seller was obligated to secure a right of way across an adjacent property, and if unable to do so within a specified time, the sale would be automatically rescinded without fault; however, the buyer subsequently initiated a lawsuit seeking only damages, not rescission, after the deadline passed without the right of way being obtained, and the court held that the buyer's pursuit of damages constituted an unequivocal acceptance of the contract's execution despite the non-fulfillment of the resolutory condition, thereby precluding the buyer from later seeking the automatic rescission stipulated in the agreement.