§ 55. What do you do if the shop is obviously not going to deliver?
If it is completely clear that the shop will not manage to deliver (e.g. because it is bankrupt), you can stop the payment and cancel the purchase right away — without waiting until the delivery deadline is formally broken.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
For anticipated breach of contract (forventet kontraktsbrudd), the rules in Act of 13 May 1988 No. 27 relating to the sale of goods §§ 61 and 62 apply.
What does this mean?
Normally you have to wait until the delivery deadline is broken. But if disaster has already struck — the factory has burned down, the shop is physically closed — you do not have to wait until Friday to formally cancel.
The condition is that it must be obvious. A bad feeling is not enough. Pictures in the newspaper showing that the shop is being emptied and will close next week are enough.
Example
Lars has ordered a kitchen for NOK 150,000 with installation on 1 December. In November he sees the local newspaper: the kitchen shop is closing next week. Should Lars transfer the last instalment of NOK 50,000? No — the anticipated breach of contract is obvious. He stops the transfer and cancels the agreement now.
Common mistakes
- Withholding payment based on rumours that the shop is struggling — there must be clear and strong evidence
What should you do?
If you are afraid the shop will not deliver, but are not 100 % sure: send a notice and give them the chance to confirm delivery and provide security. If they do not reply, you can cancel.