CASE COMMENT : DISTRIBUTION - RIGHT TO RETRACT

Right to retract : The French Supreme Court holds that even if the conditions for exercising the right to retract are not satisfied, a consumer may still obtain nullification of a contract on grounds of general law (UFC Que Choisir)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Facts A private individual had ordered kitchen units at a trade fair. When a technician came to his home, he had signed a new purchase order, which was presented as a rider, under which the price was increased. Taking the view that that new order replaced the first one by novation, he then wished to benefit from the right of withdrawal provided for in the context of doorstep selling and to obtain damages and reimbursement of the sums already paid as a deposit. To reject his claims, a court of appeal had rejected the novation, noting that the initial order had not been deleted but completed, in accordance with a clause in the first contract, according to

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Marie Koehler de Montblanc, Right to retract : The French Supreme Court holds that even if the conditions for exercising the right to retract are not satisfied, a consumer may still obtain nullification of a contract on grounds of general law (UFC Que Choisir), 3 March 2011, Concurrences N° 2-2011, Art. N° 36541, www.concurrences.com

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