JURITEXT000006955190 Généré par l'IA

Seller Liable for Breach of Repurchase Right Through Prior Resale

Numéro de cause JURITEXT000006955190

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-23

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A seller who had reserved the right to repurchase an item within a set timeframe and subsequently resold the same item to a third party breached the reserved right of repurchase, as this resale rendered the right inoperative and constituted a fault, making the seller liable for damages to the original buyer who had sought to exercise that right within the stipulated period, despite the third party's subsequent waiver of their own acquisition.

Regeste Legislator

Généré par l'IA

Seller Liable for Breach of Repurchase Right Through Prior Resale: A seller who had reserved the right to repurchase an item within a set timeframe and subsequently resold the same item to a third party breached the reserved right of repurchase, as this resale rendered the right inoperative and constituted a fault, making the seller liable for damages to the original buyer who had sought to exercise that right within the stipulated period, despite the third party's subsequent waiver of their own acquisition.