JURITEXT000006953551 Généré par l'IA

Specific Performance and Damages for Delay

Numéro de cause JURITEXT000006953551

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-17

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A party, having been judicially ordered to execute a contract of sale, sought to claim damages on the grounds that the opposing party had refused to proceed with the necessary documentation, but the court of appeal denied this claim because the original judgment for specific performance was a sufficient remedy, meaning the party could not seek both performance and damages for non-performance of the same obligation; the highest court quashed this decision, reasoning that a judgment ordering specific performance does not automatically preclude a subsequent claim for damages resulting from the delay in execution or the initial refusal to perform the contract.

Regeste Legislator

Généré par l'IA

Specific Performance and Damages for Delay: A party, having been judicially ordered to execute a contract of sale, sought to claim damages on the grounds that the opposing party had refused to proceed with the necessary documentation, but the court of appeal denied this claim because the original judgment for specific performance was a sufficient remedy, meaning the party could not seek both performance and damages for non-performance of the same obligation; the highest court quashed this decision, reasoning that a judgment ordering specific performance does not automatically preclude a subsequent claim for damages resulting from the delay in execution or the initial refusal to perform the contract.