Post by account_disabled on Mar 12, 2024 0:15:41 GMT -5
Seeing good faith on the part of the supplier, the 36th Chamber of Private Law of the Court of Justice of São Paulo determined that the Albert Einstein hospital complies with an agreement to acquire 40 thousand units of alcohol gel.
Disclosure
Reproduction Albert Einstein Hospital is ordered to buy 40 thousand units of alcohol gel
In March 2020, a company in the city of Araraquara (SP) was contacted by the hospital, via email, to supply 150 thousand units of alcohol gel, at the price of R$14 each, totaling R$2.1 million .
Without a written contract, a purchase Portugal Mobile Number List order was issued, sent by the hospital, which provided for the delivery of 30 thousand units of alcohol gel on April 20, 2020, and the other 120 thousand on the 30th of the same month.
However, the company claims that, on the delivery date, it received an email from the hospital canceling the deal and informing that it would not receive the merchandise. Therefore, the company filed the lawsuit, represented by lawyer Paulo Roberto Athie Piccelli .
Unanimously, the judging panel Portugal Mobile Number List ordered the hospital to purchase the units that are already in the company's stock (40 thousand). According to the rapporteur, judge Milton Carvalho, there is a legal provision requiring the hospital to comply with the contract.
"As the refusal to receive the movable property negotiated is uncontroversial, the imposition of the obligation to comply with the contract was the measure that was required", he stated.
Carvalho also rejected the hospital's argument that it gave up on the deal due to the "abusive price" of the alcohol gel unit. According to the judge, Einstein, as a renowned hospital, was "fully capable" of evaluating the convenience and opportunity of the price.
"It is not possible now, in a completely different scenario, to review the agreed value. The defendant could have budgeted values before concluding the contract. If he accepted the agreed price, it is because, at the time, the proposal seemed appropriate", added the rapporteur. , highlighting that there are no reasons to review the contract.
Finally, Carvalho also rejected the allegation that there was a decrease in the number of hospitalized patients, "which evidently did not occur, as the number of hospitalizations has increased due to Covid-19.