Unilex, D. 1995-1
France Court of Cassation
CLOUT Case 155 (1995)
- Written by Matthew Celestin, JD
Facts
A French buyer (defendant) ordered electronic parts from a German seller (plaintiff). The order stated that the final price would be adjusted if there was any decrease in market prices. The seller responded that the final price would also be adjusted if there was any increase in the market prices. After the seller shipped the parts, the buyer partially canceled the order for certain parts. The buyer rejected the parts that it had canceled, but the seller refused to take back those parts. The seller sued, insisting that the buyer pay for the full order. But the buyer argued that pursuant to the United Nations Convention on Contracts for the International Sale of Goods (CISG), the offer was not sufficiently definite to establish a binding contract because it didn’t set a fixed contract price. The court disagreed, finding that the offer price was sufficiently definite because the offer made the price determinable. The buyer appealed to the France Court of Cassation.
Rule of Law
Issue
Holding and Reasoning ()
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