Vendor v. Purchaser (Contract Resolution for Non-Payment)
Synthèse Legislator
Généré par l'IAA vendor, having sold goods to a purchaser, subsequently sued the purchaser for the outstanding balance after the buyer failed to pay, arguing that the non-payment entitled them to a right of resolution for the sale contract; the Court of Cassation rejected the appeal, reasoning that the trial judge, by concluding that the delay in payment did not constitute a material breach of the contract that warranted the dissolution of the sale, made a factual assessment within their discretionary power regarding the gravity of the non-performance, which is not subject to review by the high court.
Regeste Legislator
Généré par l'IAVendor v. Purchaser (Contract Resolution for Non-Payment): A vendor, having sold goods to a purchaser, subsequently sued the purchaser for the outstanding balance after the buyer failed to pay, arguing that the non-payment entitled them to a right of resolution for the sale contract; the Court of Cassation rejected the appeal, reasoning that the trial judge, by concluding that the delay in payment did not constitute a material breach of the contract that warranted the dissolution of the sale, made a factual assessment within their discretionary power regarding the gravity of the non-performance, which is not subject to review by the high court.