JURITEXT000006962024 Généré par l'IA

Partial Performance Justifying Contract Rescission

Numéro de cause JURITEXT000006962024

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-05-30

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A seller, having contracted to transfer a specific, identified property, subsequently transferred only a portion of that property to a third party, leading the original buyer to seek full performance or rescission of the sale. The court, upholding the lower court's decision, reasoned that since the subject matter of the sale was definitively identified, the partial transfer by the seller constituted a failure to deliver the whole thing, justifying the buyer's election to pursue rescission of the entire contract rather than accepting only the remaining part, as the non-delivered portion was an essential part of the agreed-upon whole.

Regeste Legislator

Généré par l'IA

Partial Performance Justifying Contract Rescission: The court, upholding the lower court's decision, reasoned that since the subject matter of the sale was definitively identified, the partial transfer by the seller constituted a failure to deliver the whole thing, justifying the buyer's election to pursue rescission of the entire contract rather than accepting only the remaining part, as the non-delivered portion was an essential part of the agreed-upon whole.