UNCITRAL CLOUT Case 905

C1 04 162 (2005)

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UNCITRAL CLOUT Case 905

Valais Cantonal Court
C1 04 162 (2005)

RW

Facts

A German seller (defendant) contracted to sell its plant to a Swiss buyer (plaintiff). Upon delivery, the buyer discovered that the plant’s equipment was so rusty as to make the plant inoperable. The buyer demanded that the seller repair the machinery, to which the seller made no reply. The next month, the buyer invited the seller to retake possession of the plant. When this invitation elicited no response, the buyer sued in the local Swiss cantonal court, seeking to cancel the sale, abandon the plant, and claim damages.

Rule of Law

Issue

Holding and Reasoning ()

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