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In the event of mutual defaults in contracts with reciprocal performances, the behaviour of both parties must be compared in order to establish responsibilities: Cassation, order no. 3273/2020
- 17/02/2020
The Cassation, with order no. 3273 of 11 February 2020, established that ‘in contracts with reciprocal performances, in the event of a complaint of mutual defaults, it is necessary to compare the behaviour of both parties in order to establish which of them, with reference to their respective interests and the objective entity of the defaults, made itself responsible for the most significant offenses and caused the behaviour of the counterparty, as well as the consequent alteration of the synallagma. This assessment, based on the evaluation of the facts and evidence, falls within the powers of the court of merit and is unquestionable in legitimacy if reasonably justified’.
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The Contracting Authority enjoys wide discretion in the evaluation of technical offers
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