Spain 13 May 2002 Appellate Court Murcia (Canned goods case)
[Cite as: http://cisgw3.law.pace.edu/cases/020513s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: No. 206/20032; Appeal No. 186/2002
CASE NAME:
CASE HISTORY: 1st instance Juzgado Civil No. 2 de Caravaca 29 January 2002
SELLER'S COUNTRY: Spain (plaintiff)
BUYER'S COUNTRY: Germany (defendant)
GOODS INVOLVED: Canned goods
SPAIN: Audiencia Provincial de Murcia 13 May 2002 (Canned goods Case)
Case law on UNCITRAL texts (CLOUT) abstract no. 795
Reproduced with permission of UNCITRAL
A Spanish seller claimed breach of contract by the German buyer, which had not collected the merchandise, with the result that the seller had had to sell it at a lower price. The seller had declared the contract avoided and proceeded with a substitute sale. The buyer argued that neither the price nor the time period for the substitute transaction were reasonable. The court hearing the appeal, however, considered that both price and time period must be considered reasonable and in conformity with CISG article 75. With regard to the time period, the court considered this reasonable whether counted from the date of conclusion of the contract or from the date of avoidance. As to the price, the court found that it was not unreasonable; although the product was canned, it also had an expiry date and the action of the buyer leading to a reduction in the useful life of the goods made a reduction of the price by one fifth reasonable.
Go to Case Table of ContentsAPPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
75A1 ; 75B ; 75C [Damages established by substsitute transaction after avoidance: resale by aggrieved seller; Relationship between avoidance and substitute transaction; Damages recoverable]
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan51.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan51.htm>; see also Aranzadi Westlaw JUR 2002\178147
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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