Seller's Attempt to Rescind Sale for Late Payment Rejected Due to Waiver of Timely Performance
France (FR)
Synthèse Legislator
Généré par l'IAA dispute arose concerning a contract where a seller, after delivering goods, claimed the buyer had failed to pay the agreed price, leading the seller to attempt to rescind the sale based on an alleged breach of contract concerning payment terms. The court rejected the seller's appeal, reasoning that although the contract stipulated payment upon delivery, the seller's subsequent actions, specifically the failure to immediately demand payment or assert the right to rescind upon non-payment at the time of delivery, implied a tacit extension of the payment deadline, thus validating the buyer's subsequent tender of payment as timely and precluding the unilateral right to rescind the sale.
Regeste Legislator
Généré par l'IASeller's Attempt to Rescind Sale for Late Payment Rejected Due to Waiver of Timely Performance: The court rejected the seller's appeal, reasoning that although the contract stipulated payment upon delivery, the seller's subsequent actions, specifically the failure to immediately demand payment or assert the right to rescind upon non-payment at the time of delivery, implied a tacit extension of the payment deadline, thus validating the buyer's subsequent tender of payment as timely and precluding the unilateral right to rescind the sale.