UNCITRAL CLOUT Case 423

10 Ob 223/99x (1999)

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UNCITRAL CLOUT Case 423

Austria Supreme Court of Justice
10 Ob 223/99x (1999)

  • Written by Tammy Boggs, JD

Facts

An Italian seller of hiking shoes (the seller) (plaintiff) delivered contracted goods to an Austrian dealer (the buyer) (defendant), which in turn directly resold the shoes to a Scandinavian company. About three weeks after the delivery, the buyer notified the seller of defects that had allegedly not been detectable upon initial inspection. The seller refused to take back the shoes, which were a seasonable product, and demanded payment. The buyer responded that the goods did not conform to the contract and that the seller’s damages should be offset. The seller sued the buyer for payment. The trial court ruled in the seller’s favor, finding that the buyer could not rely on the goods’ lack of conformity because the buyer did not give timely notice of breach under the Convention on Contracts for the International Sale of Goods (CISG). An appellate court reversed and remanded. The Supreme Court reviewed the matter.

Rule of Law

Issue

Holding and Reasoning ()

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