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BS-167/2006-HOL ECLI:DK:HOL:2025:BS0000000050 AI generated

Consumer buyer successfully rescinded car purchase due to significant delivery defects under Danish Consumer Protection Act.

Case Number BS-167/2006-HOL
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court allowed the consumer buyer to rescind the purchase of a used car due to significant defects found at delivery. The buyer argued the vehicle was unfit for its intended purpose, while the seller claimed the defects were minor and did not justify termination. The court ruled that the defects were substantial enough to warrant rescission under the Consumer Protection Act.

Legislator headnote

AI generated

Consumer Protection Act; Sale of Goods Act: A consumer may rescind a contract for the sale of a used vehicle if the defects at delivery are so significant that the vehicle is unfit for its intended purpose.

Keywords

AI generated
Consumer Protection Act Rescission of Contract Used Vehicle Defects Unfit for Purpose Significant Defects Sale of Goods Delivery Standards

Cited Legislation

AI generated
Consumer Protection Act
Sale of Goods Act
AI generated
BS-245/2006-HJR
Consumer court allows contract rescission for significant engine defect despite buyer's prior use.
BS-3728/2017-KOL
Consumer court rules seller liable for car defects despite 'sold as is' clause due to lack of business purpose.
BS-772/2009-ESB
Court dismisses claim requiring defendant to recognize cancellation of plaintiff's motorcycle purchase contract.
BS-2570/2009-KOL
Court dismissed claim for price reduction on used car due to lack of proven defect.
BS-1162/2008-VIB
Court dismisses car damage claim against defendant due to lack of evidence proving negligence.

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Full text

Sag om, hvorvidt en personbil, som sagsøger købte af sagsøgte, var mangelfuld ved leveringen i en sådan grad, at sagsøger var berettiget til at hæve købet eller kræve forholdsmæssigt afslag i købesummen