Société Fauba v. Société Fujitsu
Paris Court of Appeal
UNCITRAL CLOUT Case 158 (1992)
- Written by Rich Walter, JD
Facts
Société Fauba (buyer) (plaintiff) offered to buy several batches of electronics goods from Société Fujitsu (seller) (defendant), a German company. The buyer asked that the contract prices be allowed to float with fluctuations in general market prices. The seller agreed to this but made it clear that various specific order items could not be delivered. A few days after this initial exchange, the parties held a second exchange in which the seller asked to change one order item, and the buyer agreed. Three weeks later, the parties held a final exchange, in which the buyer asked to change an order item. The seller turned down this request, explaining that it was too late to change the order. When the shipment of electronics arrived, the buyer claimed that the shipment contained surplus items. The buyer invoked Article 19 of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and sued to have the Paris Court of Appeal declare there to be no valid contract between the parties.
Rule of Law
Issue
Holding and Reasoning ()
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