JURITEXT000006953309 Généré par l'IA

Sale Affirmation Despite Alleged Fraudulent Misrepresentation of Non-Essential Quality

Numéro de cause JURITEXT000006953309

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-27

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party contracted to purchase goods, subsequently alleging that the seller had committed fraud by misrepresenting the nature of the merchandise, and sought the annulment of the sale based on this deceit; however, the court of appeal upheld the sale, finding that the contract was validly formed because the alleged misrepresentation did not concern an essential quality of the object sold, but rather a simple, non-binding assurance or opinion that the buyer should not have relied upon to the extent of vitiating consent, thus the highest court dismissed the appeal, confirming the refusal to annul the contract.

Regeste Legislator

Généré par l'IA

Sale Affirmation Despite Alleged Fraudulent Misrepresentation of Non-Essential Quality: A party contracted to purchase goods, subsequently alleging that the seller had committed fraud by misrepresenting the nature of the merchandise, and sought the annulment of the sale based on this deceit; however, the court of appeal upheld the sale, finding that the contract was validly formed because the alleged misrepresentation did not concern an essential quality of the object sold, but rather a simple, non-binding assurance or opinion that the buyer should not have relied upon to the extent of vitiating consent, thus the highest court dismissed the appeal, confirming the refusal to annul the contract.