Contract Interpretation and Factual Findings in Damages Dispute
Synthèse Legislator
Généré par l'IAA party contesting a judgment for damages, arguing that the lower court misinterpreted a contractual clause regarding the valuation of materials supplied by the injured party, was rejected because the Court of Cassation found the lower court's interpretation was based on a factual finding that was not subject to review; the interpretation of a contract, when it does not alter the explicit wording, belongs to the trial judge whose findings on the evidence and interpretation of the common intention of the parties are sovereign.
Regeste Legislator
Généré par l'IAContract Interpretation and Factual Findings in Damages Dispute: A party contesting a judgment for damages, arguing that the lower court misinterpreted a contractual clause regarding the valuation of materials supplied by the injured party, was rejected because the Court of Cassation found the lower court's interpretation was based on a factual finding that was not subject to review; the interpretation of a contract, when it does not alter the explicit wording, belongs to the trial judge whose findings on the evidence and interpretation of the common intention of the parties are sovereign.