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UNCITRAL CLOUT Case 282

2 U 31/96 (1997)

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UNCITRAL CLOUT Case 282

Koblenz Higher Regional Court
2 U 31/96 (1997)

RW

Facts

A Dutch seller (plaintiff) contracted to deliver blankets in multiple designs to a German buyer (defendant). Upon receipt, the buyer notified the seller that the shipment was of poor quality and missing five bundles of blankets. The buyer did not identify which of the blanket’s designs were missing from the shipment. The seller offered to send a new shipment of better blankets in the right quantity. The buyer refused this offer. The buyer also complained that the sale was conditional upon the parties’ exclusive-distributorship agreement, which the seller had violated. Eight weeks after delivery, the buyer declared the contract avoided. The seller filed suit in a German higher regional court, seeking full contract payment.

Rule of Law

Issue

Holding and Reasoning ()

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