JURITEXT000006954090 Généré par l'IA

Seller's Failure to Deliver Goods and Calculation of Damages

Numéro de cause JURITEXT000006954090

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-28

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

The dispute arose from a contract where a seller failed to deliver goods, leading the buyer to seek damages based on the difference between the contract price and the market price at the time of the breach, which was subsequently confirmed by a commercial court; the highest court upheld this decision, reasoning that the commercial court correctly applied the rule allowing the non-defaulting party to claim the difference between the contract price and the price prevailing at the date of non-delivery as compensation for the loss suffered due to the breach.

Regeste Legislator

Généré par l'IA

Seller's Failure to Deliver Goods and Calculation of Damages: The dispute arose from a contract where a seller failed to deliver goods, leading the buyer to seek damages based on the difference between the contract price and the market price at the time of the breach, which was subsequently confirmed by a commercial court; the highest court upheld this decision, reasoning that the commercial court correctly applied the rule allowing the non-defaulting party to claim the difference between the contract price and the price prevailing at the date of non-delivery as compensation for the loss suffered due to the breach.