JURITEXT000006962382 Généré par l'IA

Seller's Liability for Failure to Meet Contractual Condition Precedent for Non-Performance

Numéro de cause JURITEXT000006962382

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-05-02

Issue du litige Admis (Allowed)

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Synthèse Legislator

Généré par l'IA

A contract of sale stipulated that the seller would only be relieved of the obligation to deliver the movable property if the buyer failed to execute a specific promise concerning a third party's actions, and the seller was not the author of the breach of the main obligation. The court found that the seller's non-performance, based on a mere unilateral declaration of will by the third party that was not contractually binding, could not legally excuse the seller from delivery, as the condition precedent for excusable non-performance had not been met; therefore, the trial court's decision refusing to compel delivery was reversed.

Regeste Legislator

Généré par l'IA

Seller's Liability for Failure to Meet Contractual Condition Precedent for Non-Performance: The court found that the seller's non-performance, based on a mere unilateral declaration of will by the third party that was not contractually binding, could not legally excuse the seller from delivery, as the condition precedent for excusable non-performance had not been met; therefore, the trial court's decision refusing to compel delivery was reversed.