Legislator Case Law & Legislation
XII C 2393/14 AI generated

Court awards damages for weekly egg delivery contract breach, rejecting defendant's production excuses.

Case Number XII C 2393/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court awarded the plaintiff 41,709.59 PLN for breach of contract regarding weekly egg deliveries, dismissing the defendant's claim of production difficulties. The defendant argued that global over-delivery justified reduced weekly shipments and that the ordered quantities were unrealistic, but the court rejected these defenses as the defendant failed to prove production problems. Consequently, the court ruled that the signed order was binding and the defendant must pay damages plus split the litigation costs.

Legislator headnote

AI generated

Art. 385 k.c.; Art. 485 k.c.: A party bound by a written order cannot later claim production impossibility or unrealistic quantities as a defense for non-delivery if they accepted the terms without objection.

Keywords

AI generated
breach of contract weekly delivery obligations production excuses egg supply agreement litigation costs allocation binding commercial order failure to notify defects

Cited Legislation

AI generated
Art. 385 k.c.
Art. 485 k.c.
§ 6 pkt 6 rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.

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