JURITEXT000006957223 Généré par l'IA

Contractual Limitation on Warranty of Land Area Upheld

Numéro de cause JURITEXT000006957223

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-10

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A dispute arose concerning the validity of a contract for the sale of land, where the buyer alleged the seller had deliberately misrepresented the property's area, leading to a reduction in value, while the seller maintained the sale was concluded based on an area stated as indicative. The court rejected the appeal, reasoning that the contractual stipulation, which stated the sale was made "with a description and for a specified area, but without any guarantee as to the exact extent," meant the buyer accepted the property as described without recourse for discrepancies in area, thereby upholding the principle that explicit contractual limitations on warranties regarding the exact measurements of the property must be respected.

Regeste Legislator

Généré par l'IA

Contractual Limitation on Warranty of Land Area Upheld: The court rejected the appeal, reasoning that the contractual stipulation, which stated the sale was made "with a description and for a specified area, but without any guarantee as to the exact extent," meant the buyer accepted the property as described without recourse for discrepancies in area, thereby upholding the principle that explicit contractual limitations on warranties regarding the exact measurements of the property must be respected.