Seller v. Buyer: Breach of Contract and Consequential Damages for Late Delivery
Synthèse Legislator
Généré par l'IAA seller brought an action against a buyer for the balance due on a sale of goods, but the buyer counterclaimed, alleging that the goods were delivered late, causing a loss of profit for which they sought damages. The lower court dismissed the seller's claim and awarded damages to the buyer based on the late delivery, finding the seller at fault. The Court of Cassation quashed this decision, reasoning that while the delay in delivery constituted a breach, the lower court failed to establish the necessary causal link between the seller's fault and the specific loss of profit claimed by the buyer, as required to award damages for consequential losses.
Regeste Legislator
Généré par l'IASeller v. Buyer: Breach of Contract and Consequential Damages for Late Delivery: The lower court dismissed the seller's claim and awarded damages to the buyer based on the late delivery, finding the seller at fault. The Court of Cassation quashed this decision, reasoning that while the delay in delivery constituted a breach, the lower court failed to establish the necessary causal link between the seller's fault and the specific loss of profit claimed by the buyer, as required to award damages for consequential losses.