Vendor Liability for Latent Vices vs. Subsequent Deterioration
Synthèse Legislator
Généré par l'IAA vendor sued a purchaser seeking payment for goods delivered, but the purchaser counterclaimed alleging the goods were defective due to latent vices that rendered them unfit for their intended use, a claim the trial court rejected, holding that the vendor's warranty against hidden defects only applied to defects existing at the time of sale and not to deterioration that occurred subsequently. The high court quashed this decision, reasoning that the trial court's finding that the deterioration occurred after the sale was not based on sufficient justification, and that a vendor remains liable for latent vices discoverable at the time of sale, even if they manifest later, provided the buyer promptly reported them upon discovery.
Regeste Legislator
Généré par l'IAVendor Liability for Latent Vices vs. Subsequent Deterioration: The high court quashed this decision, reasoning that the trial court's finding that the deterioration occurred after the sale was not based on sufficient justification, and that a vendor remains liable for latent vices discoverable at the time of sale, even if they manifest later, provided the buyer promptly reported them upon discovery.