French Consumer Law
Auteurs : Louis Vogel, Joseph Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Advertising and sales promotion
1°: Essential characteristics of the thing or service
2°: Usefulness or function of the thing sold
B: Decisive mistake
C: Inexcusable mistake
D: Immaterial mistake
II: Evidence
III: Sanctions
Section 2: Fraud
Chapter 2: Information and advice obligation
Title 2: Unfair terms
Title 3: Distance and off-premises contracts
Title 4: Other sales techniques
Part 3: After Sale
361. Assessment of the essential nature
1 minute de lecture
To obtain the cancellation of the sale, proof of the essential nature of the quality which the thing purchased lacked and of the decisive nature of this mistake as to consent must be brought by the mistaken party. When the quality is of an objectively essential nature, the contractual partner of the victim of the mistake is deemed to have been aware of it, and the contract may in principle be call …