Sale Contract Law

Extract

[...] The decision is prior to 2016, so the reform was not applicable. However, the Court of Cassation anticipates the reform, as it has already done on several occasions, notably in the third civil chamber. The Court also operates a conventionality and proportionality check to verify that the reversal does not infringe the right to a fair trial. The reversals of jurisprudence are by nature retroactive, which could have surprised the promisor. However, the Court considers that the solution was not unpredictable, as the doctrine was already criticizing the old position and the reform had been adopted. [...]

[...] Court of Appeal The Court of Appeal rejects the buyer's demands. She considers that the vehicle was suitable for the intended use at the time of delivery and estimates that the overloading is due to the optional equipment installed after that. She also notes that the seller had drawn the buyer's attention to the weight of the vehicle by a mention on the invoice. Court of Cassation The Court of Cassation quashed the appeal judgment. She recalls the principle of the seller's obligation to advise, based on Article 1147 of the Civil Code. [...]

[...] X for a price of 500,000 francs. A guarantee of fees convention also provides that the surgeon guarantees to Mr. X a minimum turnover. Mr. X pays part of the price but then refuses to pay the balance, estimating that the surgeon has not respected his commitments regarding the clientele. He then assigns the surgeon to nullity of the contract, while the latter demands payment of the remaining balance due. Court of Cassation The Court of Cassation rejects the appeal and confirms the nullity of the contract. [...]

[...] Document 6 - Cass. com July 2024 Facts M. X. brings the entirety of his shares in the company Komilfo to the company ESV in exchange for subscription warrants for shares. The contract provides that these warrants become void in the event of Mr. X's dismissal for serious misconduct within five years following subscription. M. X. becomes an employee of the company ESV, then of one of its subsidiaries, before being dismissed for serious misconduct. He then assigns the ESV company and its manager to nullity of the contract, considering that it is devoid of consideration due to the indeterminacy of the price. [...]

[...] 221-1 of the Consumer Code. Court of Cassation The Court of Cassation confirms the decision of the Court of Appeal, which had retained a breach by the seller of its obligation of information and advice. It notes that the buyer was not informed of the total weight of the boards, neither by the seller's employee, nor by the invoices. It also notes that the seller had been made aware of the risk of overloading vehicles and the need to refuse the loading in case of overloading. [...]