Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 900

NOTICE by Apple Inc.(a California corporation) Translations of Foreign Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63)(Selwyn, Mark) (Filed on 5/7/2012)

Exhibit 13

COURT OF CASSATION
(Civil Chamber, 1st civil section)
November 26, 1962
SALE, CONSENT, THING, PRICE, AGREEMENT, ARRANGEMENTS RELATING TO THE
SALE, ANCILLARY ELEMENT.
The sale is complete between the parties as soon as the object and the price have been
agreed upon (1);
When the contract has been entered into, without any other conditions, one party may not
raise a lack of agreement regarding the terms of the sale in order to avoid its performance (2).
(Caunègre vs. Cons. Boisson.) – DECISION
THE COURT; - With regard to the single ground of action: - Having regard to Article
1583 of the French Civil Code; - Whereas the sale is complete between the parties when the
object and the price have been agreed upon; that when the contract has been entered into, without
any other conditions, one party may not raise a lack of agreement regarding the terms of the sale
in order to avoid its performance; - Whereas without overlooking the fact that Caunègre and
Boisson had agreed that the former would purchase and the latter would sell a building located in
Hyères for the price of 8,000,000 French francs, the contested decision (Aix, November 24, 1959)
nonetheless refused to order implementation of the agreement on the grounds that the
determination of its terms were of critical importance; that in so ruling, without noting that the
parties had intended to delay the formation of the agreement until its terms were determined, the
court had not legally justified its decision;
For these reasons, sets aside …, refers the matter to the court of appeal of Nîmes.
November 26, 1962. – Civil chamber, 1st civil section. – Mr. Bornet, president, Mr.
Chadefaux, reporting judge – Mr. Ithier, solicitor-general – Mr. Mayer and Mr. Nicolay,
attorneys.
NOTE – (1 and 2) According to Article 1583 of the French civil code: "It [the sale] is
complete between the parties and ownership is acquired as of right by the buyer with respect to
the seller, as soon as the object and the price have been agreed upon, although the object has not
yet been delivered or the price paid." It is thus not necessary, and the decision above so specifies,
for the parties to explain the secondary elements of the sale, such as the location or the time of
delivery and the time at which the price shall be paid. One must assume that the parties refer
regarding these points to the rules of common law (Req., Dec 1, 1885, S. 87.). 107; Planiol and
Ripert, Traité prat. droit civil, ch. 10, La vente, by Hamel, no 27).
However, according to part of the legal theory (Planiol), Ripert and Hamel, op. and loc.
cit.; Aubry and Ran, Droit civil, vol. 5, 6th edition, by Esmein, § 349, p. 3; Baudry-Lacantinerie
and Saignat, Traité théor. et mat. de droit civil, no. 24), the sale may not be considered to be
concluded when the parties have established ancillary conditions as integral elements of their
consent and when they have not reached agreement. The judges may then exercise their discretion
and determine whether the parties have made conditions that are usually ancillary an essential
element of their agreement (Req. April 16, 1883, D.P. 84, 1. 75).

In the case reported above, the decision of the court of appeal was set aside because the
courts below, noting the essential importance of the terms of the sale, failed to note that the
parties had intended to delay the formation of the agreement until these terms had been
determined. – V. Rép. civ. v Vente, by Ph. Malaurie, No. 185 and s., 140.