JURITEXT000006961923 Généré par l'IA

Late Performance and Judicial Termination of Contract

Numéro de cause JURITEXT000006961923

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-04-26

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A seller contracted to deliver goods, but failed to do so by the stipulated date, prompting the buyer to seek judicial termination of the sale with damages. The lower court ruled that the late delivery, despite not being expressly stated as essential, could still justify termination because the delay rendered the performance useless to the buyer, a factual finding that the high court reviewed. The high court quashed the decision, holding that a judicial termination based on late performance requires proof that the delay, even if not initially designated as essential, ultimately deprived the creditor of the substance of what was agreed upon, meaning the lower court must explicitly justify how the delay rendered the delivery fundamentally useless to the buyer.

Regeste Legislator

Généré par l'IA

Late Performance and Judicial Termination of Contract: The lower court ruled that the late delivery, despite not being expressly stated as essential, could still justify termination because the delay rendered the performance useless to the buyer, a factual finding that the high court reviewed. The high court quashed the decision, holding that a judicial termination based on late performance requires proof that the delay, even if not initially designated as essential, ultimately deprived the creditor of the substance of what was agreed upon, meaning the lower court must explicitly justify how the delay rendered the delivery fundamentally useless to the buyer.