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CISG CASE PRESENTATION

Spain 13 May 2002 Appellate Court Murcia (Canned goods case)
[Cite as: http://cisgw3.law.pace.edu/cases/020513s4.html]

Primary source(s) of information for case presentation: CISG-Spain and Latin America website

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Case identification

DATE OF DECISION: 20020513 (13 May 2002)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Murcia, sección 1ª

JUDGE(S): Sr Francisco José Carrillo Vinader

CASE NUMBER/DOCKET NUMBER: No. 206/20032; Appeal No. 186/2002

CASE NAME: Unavailable

CASE HISTORY: 1st instance Juzgado Civil No. 2 de Caravaca 29 January 2002

SELLER'S COUNTRY: Spain (plaintiff)

BUYER'S COUNTRY: Germany (defendant)

GOODS INVOLVED: Canned goods


Case abstract

SPAIN: Audiencia Provincial de Murcia 13 May 2002 (Canned goods Case)

Case law on UNCITRAL texts (CLOUT) abstract no. 795

Reproduced with permission of UNCITRAL

Abstract prepared by Maria del Pilar Perales Viscasillas, National Correspondent

A Spanish seller claimed breach of contract by the German buyer, which had not collected the merchandise, with the result that the seller had had to sell it at a lower price. The seller had declared the contract avoided and proceeded with a substitute sale. The buyer argued that neither the price nor the time period for the substitute transaction were reasonable. The court hearing the appeal, however, considered that both price and time period must be considered reasonable and in conformity with CISG article 75. With regard to the time period, the court considered this reasonable whether counted from the date of conclusion of the contract or from the date of avoidance. As to the price, the court found that it was not unreasonable; although the product was canned, it also had an expiry date and the action of the buyer leading to a reduction in the useful life of the goods made a reduction of the price by one fifth reasonable.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 75

Classification of issues using UNCITRAL classification code numbers:

75A1 ; 75B ; 75C [Damages established by substsitute transaction after avoidance: resale by aggrieved seller; Relationship between avoidance and substitute transaction; Damages recoverable]

Descriptors: Damages ; Cover transactions

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan51.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan51.htm>; see also Aranzadi Westlaw JUR 2002\178147

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated October 10, 2008
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