MCC-Marble Ceramic Center v. Ceramica Nuova d'Agostino

MCC-Marble Ceramic Center v. Ceramica Nuova d’Agostino

1998 11th Circuit Court of Appeals

• Contract was done in Italian, American buyer did not speak Italian.
• Buyer, plaintiff, is suing under breach of warranty, probably breach of express warranty, breach of failure to deliver.
• Seller relies on clause on back of standard forms, requiring complaints to be made by certified mail not more 10 days after receipt of tiles and that seller had right to cancel for default in payment.
• Plaintiff claims he subjectively did not intend to agree to these clauses.
• CISG — International Guidelines for Commercial Contracts — allow party’s subjective intent to be considered. Most international transactions, however, go to arbitration rather than a jury, thus less of a justification for Parol Evidence Rule .

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Parol Evidence Rule.


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