JURITEXT000006954577 Généré par l'IA

Unilateral Promise to Sell Without Fixed Price Validity

Numéro de cause JURITEXT000006954577

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-23

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A lower court ruled that a party who had promised to sell a property was not obligated to proceed with the sale because the written agreement lacked a specified price, rendering the promise void for uncertainty of a material term, but the high court quashed this decision, reasoning that when the promise to sell is unilateral and the parties intended to conclude a contract, the absence of a fixed price does not automatically invalidate the agreement, provided that a method for determining the price, such as expert valuation, was stipulated or could be reasonably inferred from the circumstances.

Regeste Legislator

Généré par l'IA

Unilateral Promise to Sell Without Fixed Price Validity: A lower court ruled that a party who had promised to sell a property was not obligated to proceed with the sale because the written agreement lacked a specified price, rendering the promise void for uncertainty of a material term, but the high court quashed this decision, reasoning that when the promise to sell is unilateral and the parties intended to conclude a contract, the absence of a fixed price does not automatically invalidate the agreement, provided that a method for determining the price, such as expert valuation, was stipulated or could be reasonably inferred from the circumstances.