Professional Seller Sanctions for Non-Execution

Extract

[...] Prizesisinformation, the pre-contractual information obligation is fundamental to the professional, particularly in consumer contracts. Thus, Article L. 111-1 of the Consumer Code requires the seller to communicate, of maniisclear and understandable, all essential characteristics of the item, the price, delivery times, guarantees, etc. In case of omission of these information a nullity of the contract, a reduction of the price, or even an action for liability for breach of the duty to advise may be undertaken by the buyer. Secondisguarantee, the obligation to deliver as agreed is central when it comes to the sale between a professional and a non-professional/consumer. [...]

[...] On the penal level, professionals expose themselves to prosecution for deceptive or unfair commercial practices, particularly in the case of false advertising.isre, omission of substantial information or deceptive presentation of the good. Article L. 132-2 of the Consumer Code provides for fines and, in the most serious cases, imprisonment. These sanctions only concern professionals, due to their influence on buying behavior. Finally, the jurisprudence adopts a strengthened requirement against professionals. It considersisre that they cannot invoke ignorance, negligence or error to excuse theirchapper at their own responsibility. [...]

[...] In matterisin the matter of warranty of conformity, article L. 217-7 of the Consumer Code provides that any defect appearing within a period of twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery. It then falls to the professional seller to prove the opposite, which is not the case,isis often difficult in practice. This reversal of the burden of proof is an essential protection for the buyer, who does not have to engage in costly expertise to prove that the defect was present from the outset. [...]

[...] Civil courts believe that the professional is supposed to master the inherent risks of their activity and have all the necessary tools to avoid non-performance. [...]

[...] In what way does the quality of a professional salesperson affect the sanctions incurred in the event of non-execution of its obligations? Dissertation: The Impact of Professional Salesperson Quality on Sanctions for Non-Execution of Obligations Sale is one of the most used civil law contracts and in the daily life of legal subjects. It structures both the relationships between individuals, professionals and those between professionals and consumers. The finalityThe purpose of the sales contract is simple in that it allows for the transfer of ownership of a good against a price, whereas its execution can raise many legal questions, particularly when the seller fails to meet their obligations. [...]