Vendor Liable for Failure to Deliver Due to Unanticipated Export Prohibition
Synthèse Legislator
Généré par l'IAA vendor was held responsible for failing to deliver goods as agreed, despite claiming they were prevented by a superior force, specifically an unforeseen administrative prohibition on exporting the merchandise which they only learned about after the contract was finalized. The court ruled that the vendor bore the risk for this event because the administrative obstacle, being an administrative decision related to obtaining necessary export authorization, was not an unforeseeable event qualifying as a superior force but rather a contingency inherent to the commercial execution of an international sale that the vendor should have anticipated or insured against, thus confirming the breach of contract.
Regeste Legislator
Généré par l'IAVendor Liable for Failure to Deliver Due to Unanticipated Export Prohibition: The court ruled that the vendor bore the risk for this event because the administrative obstacle, being an administrative decision related to obtaining necessary export authorization, was not an unforeseeable event qualifying as a superior force but rather a contingency inherent to the commercial execution of an international sale that the vendor should have anticipated or insured against, thus confirming the breach of contract.