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
B: Conditions
b): Distinction between latent defect and vitiated consent
c): Action in tort or contract
2°: Claimant in legal action
3°: Debtor of warranty
4°: Warranty limitation period
5°: Disclaimers
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
206. Distinction between latent defect and non-conformity
1 minute de lecture
The warranty against latent defects differs from the obligation to deliver goods in conformity: the latter obliges the seller to provide goods conforming to the specifications agreed by the parties to the contract, whereas the former obliges the seller to ensure that the goods are fit for purpose, i.e. conform to their intended use. Thus, the obligation to deliver in conformity precedes, chronolog …