Business Contracts
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Classification of the contract
Title 2: Formation of the contract of sale
Chapter 1: Transfer of rights in rem
Section 1: Buyer's obligations
I: Information obligation
II: Obligation to deliver goods in conformity
III: Warranty against dispossession (Garantie d’éviction)
A: Scope of application
1°: Pre-existence of defect
a): Extent of defect
b): Apparent or concealed defect
ii): Professional purchaser
3°: Unsuitability of the thing
C: Enforcement of the warranty
Title 4: Revisiting the contract of sale
Title 5: International sale of goods
Part 2: Contract for services
Part 3: Construction contract
Part 4: Subcontracting
Part 5: Agency agreements
196. Non-professional purchaser
1 minute de lecture
Can a layperson be accused of failing to exercise due care if he or she does not inspect the item or carry out tests and trials prior to purchase?
Generally speaking, warranty against latent defects is owed when the seller, having been informed of the defects affecting the item sold, fails to warn the purchaser even though they are undetectable by a non-professional . Conversely, the courts refus …