Vendor v. Purchaser: Late and Non-Conforming Goods Delivery
Synthèse Legislator
Généré par l'IAA vendor sued a purchaser for the contract price of goods delivered, but the purchaser refused payment, arguing the goods were delivered late and did not conform to the contract specifications. The Court of Cassation quashed the lower court's decision, finding that the lower court erred in its reasoning regarding the formal requirements for the purchaser's rejection of the goods, specifically failing to properly assess whether the delayed and non-conforming delivery constituted a fundamental breach justifying rescission or merely a minor breach allowing for price reduction, and consequently failed to correctly apply the applicable contractual remedies.
Regeste Legislator
Généré par l'IAVendor v. Purchaser: Late and Non-Conforming Goods Delivery: The Court of Cassation quashed the lower court's decision, finding that the lower court erred in its reasoning regarding the formal requirements for the purchaser's rejection of the goods, specifically failing to properly assess whether the delayed and non-conforming delivery constituted a fundamental breach justifying rescission or merely a minor breach allowing for price reduction, and consequently failed to correctly apply the applicable contractual remedies.