UNCITRAL CLOUT Case 849

UNCITRAL CLOUT Case 849 (2007)

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UNCITRAL CLOUT Case 849

Pontevedra Provincial High Court
UNCITRAL CLOUT Case 849 (2007)

RW

Facts

[Editor’s Note: The casebook International Sales Law: A Problem-Oriented Casebook (John Spanogle and Peter Winship eds., 2d ed. 2011) erroneously identifies the subtitle of this case as “G & G Component Complementaries (NL) v. Errelle S.R.L. (Italy).” However, this case has no such subtitle.] An American seller (plaintiff) shipped three batches of frozen seafood to a Spanish buyer (defendant). Four months after receiving the first shipment, two months after receiving the second shipment, and seven weeks after receiving the third shipment, the buyer discovered that the seafood was spoiled. The buyer waited an additional month before notifying the seller of the problem. On a previous occasion, the buyer had promptly discovered and notified the seller of a similar problem, which the seller resolved by reducing the product’s price. This time, the seller sued to collect payment for the three shipments. A Spanish trial court entered judgment for the buyer. The seller appealed to the provincial high court located in the Spanish city of Pontevedra, which applied the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the case.

Rule of Law

Issue

Holding and Reasoning ()

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