Data
- Date:
- 07-03-2002
- Country:
- Austria
- Number:
- 2R 23/02y
- Court:
- Oberlandesgericht Graz
- Parties:
- --
Keywords
INTERPRETATION OF PARTY'S STATEMENT AND CONDUCT - ACCORDING TO PARTY'S OWN INTENT WHERE OTHER PARTY KNEW OR COULD NOT HAVE BEEN UNAWARE OF SUCH INTENT (ART. 8(1) CISG)
Abstract
A German buyer ordered twenty tons of pork meat by telephone to an Austrian seller. As the seller failed to deliver the goods within the date agreed upon by the parties, the buyer entered into a cover sales contract and sued the seller to recover the extra price paid for the goods.
The Court of first instance denied that a valid contract had been concluded between the parties. As the conclusion of the contract was made subject to the condition of the buyer being accepted as debtor by the seller’s insurance company, and this did not happen, no contract came into existence.
The Court of Appeal confirmed the lower Court’s decision. By referring to Arts. 14 and 8 CISG, it concluded that no contract had been validly concluded between the parties, since from their oral negotiations it was clear that the buyer could not been unaware that the seller would have entered into a contract only under condition that this latter would be accepted as debtor by its insurance company.
Fulltext
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Source
Original in German:
- available at www.globalsaleslaw.org
English Translation:
- available at the University of Pace law website, http://cisgw3.law.pace.edu}}