Saturday, November 5, 2005
In France, they're apparently not fond of letting people out of contracts on the grounds that conditions haven't been fulfilled. One who claims the right to exit because of an unfulfilled condition is obliged to show that he has "actively and genuinely [done] all he can to cause the condition to be fulfilled."
Thus, in the leading case of Lefebvre v. Segard (May 7, 2002) (translation available from the new UTexas web site), purchasers of land had a condition which allowed them to exit the deal if they did not obtain a mortgage loan. They provided four affidavits from lenders that their applications had been denied. But since it was impossible for the court to determine what the apparently solvent purchasers had told the lenders, the condition was deemed to be met and the purchasers were stuck.