Buyer's Claim for Rescission and Damages Over Defective Vehicle

A buyer, having purchased a defective motor vehicle that required substantial repairs, sought rescission of the sale and damages, arguing the seller had failed to fulfill their warranty obligation regarding hidden defects. The Court of Cassation partially overturned the lower court's decision, reasoning that while the right to rescission might be barred if the buyer continued to use the vehicle after discovering the defects, the buyer retained the right to claim damages based on the seller's breach of warranty, as the extent of the defect and the buyer's knowledge were not definitively established to preclude all claims.