JURITEXT000006952841 Généré par l'IA

Rescission of Sale Due to Delivery Delay Caused by Third-Party Authorization Failure

Numéro de cause JURITEXT000006952841

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-13

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

A seller contracted to deliver specific goods to a buyer, but the delivery was delayed due to the seller's inability to obtain necessary authorization from a third party, prompting the buyer to seek rescission of the sale and damages. The court found that the delay in delivery, caused by the failure to obtain the required administrative authorization, constituted a failure to fulfill a substantial obligation of the contract, and therefore correctly justified the lower court's decision to grant the rescission of the sale and award damages to the non-performing party.

Regeste Legislator

Généré par l'IA

Rescission of Sale Due to Delivery Delay Caused by Third-Party Authorization Failure: The court found that the delay in delivery, caused by the failure to obtain the required administrative authorization, constituted a failure to fulfill a substantial obligation of the contract, and therefore correctly justified the lower court's decision to grant the rescission of the sale and award damages to the non-performing party.