• Dettalji tal-Każ
    • ID Nazzjonali: Mario Bezzinavs Albert Mizzi et noe
    • Stat Membru: Malta
    • Isem Komuni:N/A
    • Tip ta’ deċiżjoni: Oħrajn
    • Data tad-Deċiżjoni: 22/01/1992
    • Qorti: Appelli Kummercjali
    • Suġġett:
    • Rikorrent:
    • Intimat:
    • Kliem Prinċipali: Ġurisprudenza Malta Malti
  • Artikoli tad-Direttiva
    Unfair Contract Terms Directive, ANNEX I, 1.
  • Nota Introduttiva
    1. A resolutive condition which depends solely on the will of the person on whom the obligation is incumbent, is void.
  • Fatti
    The plaintiff had provided construction and other works to the defendant. The defendant refused to pay the full amount for the works because he claimed they were not carried out correctly. In the conditions of the contract for the supply of the works, a particular clause stipulated that in the case of a dispute arising between the owner and the contractor, the architect’s decision would be final and binding and that further to such decision there could be no recourse to action in a court of law. The contract also stated that the term ‘architect’ in the contract would be taken to mean the architect acting on behalf of and representing the trader. The plaintiff argued that, on the basis of these conditions and because his architect had formally declared that the works were done properly, the defendant’s pleas had to be dismissed.
  • Kwistjonijiet legali
  • Deċiżjoni

    The Court of Appeal reconfirmed the judgement of the Commercial Court at first instance and held that the condition in question was unenforceable. If this were not the case, the plaintiff would always be right irrespective of the nature of the breach. The Court stated that it would be grossly absurd to allow the very person who is subject to the obligation to decide whether the obligation has been fully satisfied. A resolutive condition is not valid if it depends only on the will of the person on whom the obligation is incumbent.

    Test sħiħ: Test sħiħ

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