Property sale, hidden defects, rescission of sale, unilateral promise, Consumer Code, Civil Code, damage, indemnity, conformity guarantee
A detailed analysis of several legal disputes related to property sales, including hidden defects, rescission of sale, and unilateral promises.
[...] 217-14 of the Consumer Code. Laurent can then request the termination of the sale if he wants an oven that goes up to 380° C. Or he can request the restitution of a part of the price, if the oven still suits him, which seems to be the case, since the cooking has never been so perfect. Therefore, Laurent can choose, depending on what he is looking for, between the termination of the sale or keeping the thing and requesting the restitution of a part of the price. [...]
[...] In fact, Alphonse has a 120 m2 plot for the goats. Due to its size, it is more than sufficient for the goats to feel well. The legitimate reason that could authorize the refusal to sell would be if Alphonse plans to mistreat the animals. He does not plan to do so personally and the size of the plot does not seem to contribute to animal mistreatment if he buys a few goats. Unless there is a scientific study demonstrating that a space of 250 m2 is well the minimum for goats to thrive in, Alphonse's justification cannot be a legitimate reason, as even in a 120 m2 space, goats can thrive. [...]
[...] In addition, it must have diminished the use of the thing so much that the buyer would not have contracted, or at a lower price. Articles 1648 and 2232 of the Civil Code state that the action must be exercised within two years following the discovery of the defect and within a deadline of twenty years from the conclusion of the sale. In this case, the dealer bought spare parts from Toyota to repair a used vehicle, in order to resell it later. [...]
[...] These goats are intended to serve as pets. After taking the necessary steps to exercise this activity professionally, she began to build her herd. Except for a tragic incident in which one of the goats escaped and was devoured by a shark on the Grande Anse beach, everything was going well. However, recently, Wendy has encountered a problem. Very concerned about animal welfare, Wendy has strict conditions for accepting the sale of a miniature goat: the goat must not be left alone, if the buyer is not already a goat owner, she requires that he acquire at least two goats so that they can keep each other company. [...]
[...] Indira and Laurent have also developed a taste for cooking since the time of confinement. They spend a lot of their free time cooking and are delighted to prepare good little dishes for the family. Recently, Laurent has set his mind on preparing real pizzas but is not fully satisfied with the result. This is quite far from the pizzas he was able to taste in Naples during a birthday gift for initiation to pizza making. He finally understood that it was not his technique, but the material that was limiting him. [...]
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