Defective Materials Warranty Claim and Scope of Damages
Synthèse Legislator
Généré par l'IAA party who, under a construction contract, provided materials that were subsequently discovered to be defective, sued the seller for breach of warranty, arguing the defect rendered the work unusable and necessitated its demolition and complete reconstruction. The court of cassation quashed the lower court's decision, reasoning that while the seller was indeed liable for supplying defective materials, the lower court erred by ordering the complete reimbursement of the costs of demolition and reconstruction, as the contract breach only required compensation for the value of the defective materials and the damages directly resulting from their use, not the replacement of the entire structure built with those materials.
Regeste Legislator
Généré par l'IADefective Materials Warranty Claim and Scope of Damages: The court of cassation quashed the lower court's decision, reasoning that while the seller was indeed liable for supplying defective materials, the lower court erred by ordering the complete reimbursement of the costs of demolition and reconstruction, as the contract breach only required compensation for the value of the defective materials and the damages directly resulting from their use, not the replacement of the entire structure built with those materials.