ECLI:NL:RBAMS:2017:2916 ECLI:NL:RBAMS:2017:2916 AI generated

Buyer rescinded horse purchase due to undisclosed defects; seller ordered to refund and pay damages.

Case Number ECLI:NL:RBAMS:2017:2916

Court / Authority Rechtbank Amsterdam

Jurisdiction

Netherlands (NL)

Decision Date 2017-04-28

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court ruled in favor of the buyer, granting the rescission of the horse purchase contract and awarding damages for the undisclosed health issues. The seller had advertised the horse as healthy and fit for riding, yet it was found to be severely lame and unsuitable for use. The court held that the buyer was justified in relying on these representations and was not required to conduct a medical examination beforehand.

Legislator headnote

AI generated

Art. 6:2 BW; Art. 7:17 BW; Art. 7:24 BW: Where a seller misrepresents the condition of goods as fit for a specific purpose without disclosing known defects, the buyer may rescind the contract and claim damages for non-performance.

Keywords

AI generated

contract rescission misrepresentation of goods horse sale defects duty to disclose consumer protection non-performance damages reliance on advertising