Rumie 發問時間: 社會與文化語言 · 1 0 年前


The company Sorhofroid , a franchised import dealer of the American company Thermo King,sold to the company Frappa a refrigeration unit,Which was subsequently resold to the company Transports Norbert Dentressangle 。

The latter loaded goods to be delivered to the company Systeme U ,which refused them because they had thawed 。

Having before it an appeal lodged by the company Thermo King against the ruling of the Commercial Court , whereby liability for the damage due

to thawing had been shared between Thermo King and Transports Norbert Dentressangle , the Court of Appeal allowed the action brought directly by the sub-purchaser against the initial seller.


In addition , the Court stressed that CISG was applicable , unless otherwise agreed, to sales concluded after 1 January 1988 between a seller and a

buyer with their places of business in the United States and France, respectively.

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The Court found that the sub-purchaser could base his action against the American seller on CISE, since the seller had issued a contractual guarantee in favour of the end-user.

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Notwithstanding any more precise determination of the defect , the early breakdown established the Court's finding of lack of conformity and its

assigning of full liability to Thermo King.

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The applicable-law clause in the contract (Minnesota law ) and the arbitration clause contained in the initial contract between Thermo King and Sorhofroid , both of which clauses had been invoked by Thermo King ,

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were found by the Court to be inapplicable to the sub-purchaser, which was not party to initial contract. The Court ruled , moreover, that only the franchise contract and not sales made in application of that contract should be subject to the Minnesota law chosen by the parties.

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The Court found articles 35(2)(a) and 36 CISG to be applicable with regard to the defects of the refrigeration unit, noting that the unit had broken down within a short period of time after it was first operated and that it was up to the seller,

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presumed liable, to prove that it was not responsible for the defect.

2 個解答

  • 1 0 年前

    公司 Sorhofroid ,美國公司 Thermo 國王的一個被賦予特權的進口經銷商,對公司 Frappa 一個冷卻組件賣,這後來對公司經銷運輸 Norbert Dentressangle 。

    裝載要遞送到公司 Systeme U 的貨物後者,因為他們融解,所以這拒絕他們。

    有在它之前一個訴願由對抗商業法院的判決的公司 Thermo 國王投宿,那裡對到期的損害責任



    除此之外,法院強調 CISG 是可適用,除非另外同意,對售賣在 1988 年一月 1 日之後總結在一個賣方之間和一



    法院發現子買方可以在 CISE 上以對抗美國賣方的他的行動作基礎,自賣方支持使用者發佈一個契約的保證以後。


    對 Thermo 完全的責任國王的分配。

    參考資料: 奇摩的翻譯機<自己可去查>
  • 1 0 年前

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    Miss 徐.