Exemples d'utilisation de Avoidance of the contract en Anglais et leurs traductions en Français
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brought an action before the Italian Court of Busto Arsizio, claiming avoidance of the contract besides damages.
although the panel noted that the buyer would be denied remedies premised on avoidance of the contract.
that general principle has led a court to even state that an explicit declaration of avoidance of the contract was not necessary once the seller had refused to perform its obligations
that the plaintiff had had survey reports prepared by different persons prior to avoidance of the contract, that time limit had in any event been observed.
Conflict of interests as grounds for avoidance of the contract Para.(1) of this article lays down the rule that a contract concluded by an agent acting in a situation of real conflict of interests may be avoided by the principal, provided that the third party knew
Consequently, avoidance of the contract could not be based on an expected future breach of contract by the buyer- something that had not yet occurred.
In its determination of the case, the court based its finding on avoidance of the contract in accordance with article 64(1)(b)
on the amount of benefit that the buyer had obtained keeping possession of the machine until the moment of avoidance of the contract.
and 76(1) CISG would require the buyer's express declaration of avoidance of the contract-- which was missing in the case at hand-- even if the seller definitely refuses to fulfil his obligations under the contract.
and sought avoidance of the contract, as well as damages based on the investment in accessory facilities
Thus, because avoidance of the contract relieves a seller of its responsibility to deliver the goods to the buyer(see article 81(1)), avoidance presumably also
return of the sale price by the seller following avoidance of the contract.
a buyer making contrary claims(for example, avoidance of the contract or reduction of the price),
And in a decision finding that a buyer was not responsible for damage to goods that occurred while they were being transported by carrier back to the seller following the buyer's avoidance of the contract, the court asserted that"Articles 81-84 CISG contain at their core a risk distribution mechanism, which within the framework of the reversal of the contract(restitution), overrides the general provisions on the bearing
Therefore, the court concluded that avoidance of the contract was impossible.
Avoidance of the contract, therefore, excludes the seller's right to cure.
Thus, the buyer took legal action, seeking avoidance of the contract and damages.