Case 1034: CISG 8
Spain: Cáceres Provincial High Court

Previously heard by Trujillo Court of First Instance No. 2, 26 April 2010
14 July 2010

Complete text: www.uc3m.es/cisg/sespan84.htm, Aranzadi/Westlaw (2008/189082)

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

The Court considered article 8 of CISG with a view to interpreting the intention of
the parties with regard to the amount and the price fixed in a sales contract. On the
basis of the article, the Court ruled that, in view of the communications exchanged
by the parties, it could not be concluded that the seller “did not know or was
unaware of the buyer’s intent, given that the latter had expressed the unequivocal
intention of buying only 30 bales at a price of €20.57 per bale and not at a price per
metre”. The Court thus found, in application of article 8 of CISG, that the
knowledge of the buyer’s intent should prevail.


المواضيع المتشابهه: