Buyer's Obligation to Pay Despite Seller's Non-Delivery
Synthèse Legislator
Généré par l'IAA party who, after signing a contract for the sale of goods, sought to unilaterally suspend payment of the price on the grounds that the seller had failed to deliver the goods, had their claim rejected because the court determined that the obligation to deliver was not a condition precedent to the obligation to pay, meaning the seller's failure to deliver did not automatically suspend the buyer's duty to remit payment under the terms of the agreement.
Regeste Legislator
Généré par l'IABuyer's Obligation to Pay Despite Seller's Non-Delivery: A party who, after signing a contract for the sale of goods, sought to unilaterally suspend payment of the price on the grounds that the seller had failed to deliver the goods, had their claim rejected because the court determined that the obligation to deliver was not a condition precedent to the obligation to pay, meaning the seller's failure to deliver did not automatically suspend the buyer's duty to remit payment under the terms of the agreement.