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
1°: Basis of action
2°: Claimant in legal action
3°: Debtor of warranty
4°: Warranty limitation period
a): Characterization
i): Status of seller
c): Effect
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
236. Status of buyer
1 minute de lecture
The buyer's area of professional expertise also affects the seller's ability to invoke a warranty exclusion clause.
1) Buyer in the same field of expertise
The courts consider that a buyer who works in the same field as the seller is presumed to have detected the defects in the item. Consequently, warranty disclaimers or clauses limiting the warranty against latent defects apply to them . The cla …
