Contract Cancellation and Damages for Late Delivery Without Formal Notice

A party contracted with a supplier for the sale of goods, stipulating a fixed delivery date, but the supplier failed to deliver by that date, leading the buyer to cancel the contract and seek damages based on the supplier's delay and the resulting market price increase for replacement goods. The Court of Cassation rejected the appeal, affirming that the trial court was justified in finding that while the delay constituted a breach, the buyer's unilateral decision to cancel the contract without judicial authorization or prior formal notice to perform (mise en demeure), coupled with the buyer's failure to prove that the market price increase was directly attributable to the supplier's delay and constituted a foreseeable loss, precluded the recovery of damages based solely on the alleged difference in market price.