- NJA s. 117423
- Högsta Domstolen (Supreme Court)
CONSTRUCTION CONTRACT - BETWEEN TWO SWEDISH PARTIES - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (SWEDISH LAW)
CONSTRUCTION AGREEMENT BETWEEN TWO BUSINESS PERSONS - CONSTRUCTOR'S DUTY TO INFORM PURCHASER THAT ITS ORDER WOULD NOT PRODUCE EXPECTED RESULTS - REFERENCE TO ARTICLE 1.7 UNIDROIT PRINCIPLES
In a dispute between a Swedish constructor and a Swedish purchaser, the purchaser complained that the constructor had failed to warn it in advance that its order would not produce the end result the purchaser had in mind. The Supreme Court decided in favour of the constructor pointing out that, although in Sweden there was no specific legislation dealing with construction agreements between businesspersons, as a rule the more professional a purchaser is the less is the constructor under a duty to warn the purchaser that its order will not produce the purchaser’s wanted end result. In support of its decision the Supreme Court referred to the UNIDROIT Principles, which it defined ”a source for general contract law”, and in particular to Article 1.7(1) on good faith.