UNCITRAL CLOUT Case 482 (Traction Levage SA v. Drako Drahtseilerei Gustav Kocks GmbH)

2000/04607 (2001)

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UNCITRAL CLOUT Case 482 (Traction Levage SA v. Drako Drahtseilerei Gustav Kocks GmbH)

Paris Court of Appeal
2000/04607 (2001)

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Facts

The French company Traction Levage SA (buyer) (plaintiff) bought elevator cable from the German company Drako Drahtseilerei Gustav Kocks GmbH (seller) (defendant). Upon delivery, the buyer realized that the cable was wrapped on a nonconforming reel. The next week, the buyer rewrapped the cable and shipped it to the buyer’s customer. Two months thereafter, the customer installed the cable and discovered it was defective. The customer alerted the buyer, who then notified the seller. Eighteen months later, the buyer sued the seller for breach of contract. A lower French court dismissed the case. The buyer appealed to the Paris appellate court.

Rule of Law

Issue

Holding and Reasoning ()

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