Seller Liability for Hidden Defects in Manufactured Goods
Synthèse Legislator
Généré par l'IAA plaintiff, injured due to a defect in a purchased product, sued the seller for breach of warranty, arguing that the seller, despite not being the manufacturer, should be held liable under the legal guarantee against hidden defects. The court rejected the appeal, reasoning that while the seller is generally bound by the warranty against hidden defects, the specific provisions governing the sale of manufactured goods, which place the primary burden of the warranty on the manufacturer, were applicable, and in this context, the seller could not be held liable when the manufacturer was responsible for the defect.
Regeste Legislator
Généré par l'IASeller Liability for Hidden Defects in Manufactured Goods: The court rejected the appeal, reasoning that while the seller is generally bound by the warranty against hidden defects, the specific provisions governing the sale of manufactured goods, which place the primary burden of the warranty on the manufacturer, were applicable, and in this context, the seller could not be held liable when the manufacturer was responsible for the defect.