JURITEXT000006953822 Généré par l'IA

Seller's Right to Terminate for Late Payment Despite Prior Waiver

Numéro de cause JURITEXT000006953822

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-06

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A contract was terminated by the seller due to the buyer's failure to make timely payments as stipulated in the agreement, leading the buyer to contest the termination and seek damages, arguing that the seller had accepted late payments previously and thus waived the strict deadline; however, the court upheld the termination, reasoning that the contractual clause explicitly stated time was of the essence, and a prior acceptance of late payment on one occasion did not establish a binding custom or modification of the contract that would prevent the seller from later insisting on strict performance of the deadline without prior formal notice to resume strict compliance.

Regeste Legislator

Généré par l'IA

Seller's Right to Terminate for Late Payment Despite Prior Waiver: A contract was terminated by the seller due to the buyer's failure to make timely payments as stipulated in the agreement, leading the buyer to contest the termination and seek damages, arguing that the seller had accepted late payments previously and thus waived the strict deadline; however, the court upheld the termination, reasoning that the contractual clause explicitly stated time was of the essence, and a prior acceptance of late payment on one occasion did not establish a binding custom or modification of the contract that would prevent the seller from later insisting on strict performance of the deadline without prior formal notice to resume strict compliance.