JURITEXT000006954238 Généré par l'IA

Seller Liability for Latent Defects Despite Buyer Inspection

Numéro de cause JURITEXT000006954238

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-22

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A lower court judgment holding a seller liable for breach of warranty regarding the quality of sold goods, despite the buyer's alleged knowledge of the defect at the time of sale, was upheld because the seller failed to prove that the buyer was aware of a latent, non-apparent defect, as the general principle holds that a seller warrants against hidden defects even if the buyer conducts an inspection, unless the buyer expressly accepted the risk of such defects.

Regeste Legislator

Généré par l'IA

Seller Liability for Latent Defects Despite Buyer Inspection: A lower court judgment holding a seller liable for breach of warranty regarding the quality of sold goods, despite the buyer's alleged knowledge of the defect at the time of sale, was upheld because the seller failed to prove that the buyer was aware of a latent, non-apparent defect, as the general principle holds that a seller warrants against hidden defects even if the buyer conducts an inspection, unless the buyer expressly accepted the risk of such defects.