JURITEXT000006953702 Généré par l'IA

Seller v. Buyer: Substantial Non-Conformity Required for Refusal of Delivery

Numéro de cause JURITEXT000006953702

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-23

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A seller sued a buyer for the price of goods delivered under a contract, but the buyer claimed an exception of non-performance, arguing the goods were non-conforming because they lacked a required certificate, even though the contract did not expressly stipulate that the absence of the certificate would authorize refusal of delivery; the court overturned the lower court's decision, reasoning that the absence of a mere administrative formality, which did not render the delivered goods unfit for their intended purpose, did not justify the buyer's refusal to accept delivery and pay the price, as the non-conformity must be substantial enough to prevent the goods from fulfilling the contractual obligation.

Regeste Legislator

Généré par l'IA

Seller v. Buyer: Substantial Non-Conformity Required for Refusal of Delivery: A seller sued a buyer for the price of goods delivered under a contract, but the buyer claimed an exception of non-performance, arguing the goods were non-conforming because they lacked a required certificate, even though the contract did not expressly stipulate that the absence of the certificate would authorize refusal of delivery; the court overturned the lower court's decision, reasoning that the absence of a mere administrative formality, which did not render the delivered goods unfit for their intended purpose, did not justify the buyer's refusal to accept delivery and pay the price, as the non-conformity must be substantial enough to prevent the goods from fulfilling the contractual obligation.