Background

A company filed a case against another company requesting that the court appoint an expert to estimate the value of compensation it deserved due to the defendant violating the terms of an agreed contract.

The court rejected the case.

The company appealed and the appeal court ruled that the defendant pay 3000 Dinars.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as it had not signed a contract with the company that obliged it to fulfil orders made by the company, and that it did not intend to cause damage.

The court held that this argument was valid as the defendant had maintained before the court that it did not intend to cause damage to the claimant and that the claimant did not sustain any damage as a result of the suspension of delivering the shipment in question.

The court therefore repealed the ruling.