IFICC 169/B/2017

This case involved rescission and remedies under a medicine supply contract where some of the medicine supplied was out of date.

Background

A medicines and medical accessories marketing company filed a claim before the First Instance Commercial Court in Baghdad against a medicine Company claiming that the two companies had signed a contract under which the 224302 packets of medicines were to be supplied in certain specifications and at a certain price and the country of origin was to be Jordan. The contract also stipulated that the medicines should be delivered to stores in Baghdad. In addition, the contract provided for 100% compensation for any out of date batches. The company claimed that the Company had violated the contract by supplying out of date medicine and had failed to pay compensation which was worth 80, 539 USD. Therefore, the company requested the court to revoke contract and to ask the company to pay the value of the out of date medicines and legal interests starting from the date on which the compensation was requested up to the end of the payment. The company also requested the Company to pay fees, costs, and lawyers' fees.