Vendor Delay Damages Waiver Liability
France (FR)
Synthèse Legislator
Généré par l'IAA vendor of foodstuffs who had previously informed the purchaser that a shipment would be delayed due to transportation issues subsequently delivered the goods late, leading the purchaser to claim damages for breach of contract. The court of appeal, finding that the prior notice of delay constituted a waiver of the strict time requirement for performance, rejected the claim for damages. The high court quashed this decision, reasoning that merely acknowledging a potential delay does not automatically absolve the debtor of liability for damages resulting from the actual delay, unless the creditor explicitly and unequivocally waived their right to seek compensation for the tardiness.
Regeste Legislator
Généré par l'IAVendor Delay Damages Waiver Liability: The court of appeal, finding that the prior notice of delay constituted a waiver of the strict time requirement for performance, rejected the claim for damages. The high court quashed this decision, reasoning that merely acknowledging a potential delay does not automatically absolve the debtor of liability for damages resulting from the actual delay, unless the creditor explicitly and unequivocally waived their right to seek compensation for the tardiness.