Professional Seller's Knowledge and Warranty Waiver for Hidden Defects
Synthèse Legislator
Généré par l'IAThe case concerned a dispute over the validity of a contractual waiver of warranty against hidden defects where the seller was a professional in the field, leading to the question of whether the seller, being aware of the defect, could invoke the contractual limitation clause. The court held that a professional seller who is aware of a defect in the thing sold cannot rely on a contractual clause limiting or excluding the warranty against hidden defects, because this limitation is deemed abusive or contrary to the obligation of good faith when the seller's professional knowledge implies they must be aware of the defect.
Regeste Legislator
Généré par l'IAProfessional Seller's Knowledge and Warranty Waiver for Hidden Defects: The court held that a professional seller who is aware of a defect in the thing sold cannot rely on a contractual clause limiting or excluding the warranty against hidden defects, because this limitation is deemed abusive or contrary to the obligation of good faith when the seller's professional knowledge implies they must be aware of the defect.