Recently, I won a lawsuit, the plot of the case is as follows: an agreement on joint activities, one party (the Buyer) provides the other party (the Supplier) with natural material for its subsequent reproduction in larger quantities. The Buyer imposes on the Supplier the obligation to use this material in order to increase its quantity several times and six months later undertakes to buy the material increased several times at the market price, which will be formed by that moment, minus the cost of the originally provided natural material. By the way, the mechanism for determining the market price is not provided.
Time passes, the Supplier delivers nothing, limitation period – the time within which you can demand your own in court, expires. The Buyer assigns his right to claim to the Buyer 2. The Buyer 2, terminates the contract, files a lawsuit in court, demanding to recover the cost of natural material from the Supplier, referring to the fact that the limitation period begins to run from the date of expiry of the obligation’s term, and was provided for by the original contract in relation to the supplier’s obligation to return the value of the natural material in the event of the supplier’s default on the sale. And therefore, the period of limitation is calculated from the date of termination of the contract and the issuance of the claim, and this allows you to legally claim your claim in court. Elegant and ingenious on the one hand, primitive on the other, but on the whole it didn’t work, the decision was ours. Here is such a little legal story.