Buyer v. Seller: Latent Defects and Warranty Against Hidden Defects
France (FR)
Synthèse Legislator
Généré par l'IAA buyer of livestock sued the seller for damages after discovering that the animals were afflicted with a hidden defect rendering them unsuitable for their intended purpose, which the seller knew or should have known about. The seller argued that the buyer had formally accepted the sale without reservation and that the action was time-barred. The court held that latent defects known to the seller, but not apparent upon simple inspection by the buyer at the time of sale, constitute a breach of warranty against hidden defects, allowing the buyer to seek indemnity despite prior acceptance, and that prescription does not begin to run until the defect is discovered or should have been discovered by the buyer.
Regeste Legislator
Généré par l'IABuyer v. Seller: Latent Defects and Warranty Against Hidden Defects: The seller argued that the buyer had formally accepted the sale without reservation and that the action was time-barred. The court held that latent defects known to the seller, but not apparent upon simple inspection by the buyer at the time of sale, constitute a breach of warranty against hidden defects, allowing the buyer to seek indemnity despite prior acceptance, and that prescription does not begin to run until the defect is discovered or should have been discovered by the buyer.