Notice to Third Party Insufficient to Avoid Contracts: Legal Analysis of K. BV Case

The Claimants contend that the notice sent by the Respondent to K. BV fails to fulfill the requirement of avoiding the contracts between the parties. The notice to K. BV is not considered as notice to the sellers unless K. BV has the specific authority to act on behalf of the Respondent. Therefore, it is crucial to establish whether K. BV had the necessary authorization on behalf of the Respondent. Although the Claimant was informed by K. BV, it does not comply with the obligation of the Respondent to notify the Claimant of the alleged non-conformity issue about the Rijn Blend. The Claimants emphasize the importance of direct communication between the contractual parties and argue that the notice received through K. BV does not fulfill the Respondent's obligation to inform the Claimants of the non-conformity issue regarding the Rijn Blend.