Seller's Liability for Non-Delivery and Damages in Obligation to Deliver

A dispute arose concerning an obligation to deliver a specific object, where the seller failed to deliver and the buyer sought rescission of the sale and damages, leading the lower court to grant the rescission but deny damages on the grounds that the seller had not acted in bad faith concerning the non-delivery. The high court quashed this decision, reasoning that the seller's obligation was one of means, requiring all necessary diligence to ensure delivery; therefore, the lower court erred in denying damages solely because bad faith regarding the non-delivery itself was not established, as the seller remains liable for damages resulting from the failure to fulfill the obligation unless they can prove the non-performance was due to an external cause, which was not demonstrated.