Latent defect in the item sold : reminder of the warranty conditions

Published on 11 july 2023

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Litigation – Arbitration – Mediation

In a ruling dated 11 May 2023, the Court of Cassation reiterated that, in the case of latent defects, the court must not only determine whether the defect renders the item sold so unfit for use that the buyer would not have acquired it, but also whether the buyer would have paid a lower price if he had been aware of the defect.

Read Aurélie VUCHER-BONDET's article for Eurojuris, which sets out the warranty conditions for latent defects in goods sold. 

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