Visible Defect Negates Claim for Fraudulent Concealment of Latent Defect.

A purchaser, having received an object with a visible defect that they claimed was latent, sued the seller for rescission of the sale and damages, alleging fraudulent concealment, but the trial court dismissed the claim because the defect was plainly visible upon initial inspection, rendering the claim of a latent defect and fraud unfounded. The high court upheld this decision, reasoning that a buyer who has inspected the goods and accepted them without reservation cannot subsequently invoke a visible defect as grounds for rescission, as the visible nature of the defect negates the required element of fraudulent concealment concerning a latent defect, which is necessary to overcome the presumption of acceptance of the goods as conforming to the contract.