Contractor Non-Performance Excused by Injured Party's Failure to Provide Materials
France (FR)
Synthèse Legislator
Généré par l'IAA claim for damages arose from a work contract where the contractor failed to complete the agreed-upon work, despite the contracting party having made the required advance payments; the Court of Cassation upheld the lower court's decision, reasoning that while the non-performance of a contractual obligation generally authorizes the injured party to seek performance or termination with damages, the trial court was justified in refusing to grant damages when the contractor could prove that the delay was caused by the contracting party's own failure to provide necessary materials, thereby establishing a legitimate ground for excusing the non-performance.
Regeste Legislator
Généré par l'IAContractor Non-Performance Excused by Injured Party's Failure to Provide Materials: A claim for damages arose from a work contract where the contractor failed to complete the agreed-upon work, despite the contracting party having made the required advance payments; the Court of Cassation upheld the lower court's decision, reasoning that while the non-performance of a contractual obligation generally authorizes the injured party to seek performance or termination with damages, the trial court was justified in refusing to grant damages when the contractor could prove that the delay was caused by the contracting party's own failure to provide necessary materials, thereby establishing a legitimate ground for excusing the non-performance.