JURITEXT000006962012 Généré par l'IA

Fungible Goods Delivery Obligation of Means vs. Result

Numéro de cause JURITEXT000006962012

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-05-27

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A seller, having contracted to deliver a specific quantity of a fungible good, was sued by the buyer for breach of contract after delivering only a partial amount. The court upheld the lower court's decision to dismiss the claim, reasoning that the obligation to deliver a specific quantity of a fungible good is an obligation of means, not of result, meaning the seller is only required to use all reasonable efforts to procure and deliver the specified quantity, and liability for non-performance only arises from fault, which was not established against the seller in this case.

Regeste Legislator

Généré par l'IA

Fungible Goods Delivery Obligation of Means vs. Result: The court upheld the lower court's decision to dismiss the claim, reasoning that the obligation to deliver a specific quantity of a fungible good is an obligation of means, not of result, meaning the seller is only required to use all reasonable efforts to procure and deliver the specified quantity, and liability for non-performance only arises from fault, which was not established against the seller in this case.