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CISG CASE PRESENTATION

Hungary 17 June 1997 Metropolitan Court (Vago v. Monimpex)
[Cite as: http://cisgw3.law.pace.edu/cases/970617h1.html]

Primary source(s) for case presentation: Michael R. Will; UNCITRAL abstract

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Case identification

DATE OF DECISIONS: 19970617 (17 June 1997)

JURISDICTION: Hungary

TRIBUNAL: FB Budapest [FB = Fovárosi Biróság = Metropolitan Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 12 G 76.237/1996/14

CASE NAME: Vago's Importers and Distributors Ltd. v. Monimpex Kereskedelmi Rt.

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Hungary (defendant)

BUYER'S COUNTRY: Canada (plaintiff)

GOODS INVOLVED: Candies


Case abstract

HUNGARY: Metropolitan Court 17 June 1997

Case law on UNCITRAL texts (CLOUT) abstract no. 173

Reproduced with permission from UNCITRAL

The Canadian [buyer] concluded a distribution contract with the Hungarian [seller]. The contract was to expire on 31 December 1991. After the contract's expiry, the parties discussed and corresponded about extending the distribution contract into 1992. However, the [seller] failed to deliver any goods in 1992. The [buyer] demanded damages based on either breach of contract or, alternatively, on the doctrine declaring that a promise may also be enforced if the making of the promise reasonably induced another person to change position in reliance on the promise ("promissory estoppel").

The court, pursuant to Article 19(3) CISG, found that there was no clear agreement between the parties and therefore no distribution contract for 1992 and rejected the claim for damages based on a breach of contract theory. Moreover, the court adjudicated the claim for damages based on the promissory estoppel theory in conformity with the Hungarian Civil Code and rejected the claim.

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Classification of issues present

APPLICATION OF CISG: Yes [Article 1(1)(a)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issues: Articles 13 ; 19(3) [Also cited: Articles 11 ; 12 ; 14(3) ; 23 ; 96 ] [Also relevant: Article 18 ]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Acceptance of offer ; Scope of Convention ; Estoppel

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Editorial remarks

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Citations to other abstracts, case texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

English: Unilex database [CLOUT abstract]

CITATIONS TO TEXT OF DECISION

Original language (Hungarian): Printed text may be obtained from UNCITRAL

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English/French: Ferrari, Revue de Droit des Affaires Internationales [RDAI]/ International Business Law Journal 835 [838 n.37]; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Intro. 14-24 para. 7

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Pace Law School Institute of International Commercial Law - Last updated August 12, 2005
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