Obligation to inform, seller, buyer, French law, Court of Cassation, contract law, consumer protection, jurisprudence, Article 1602, Civil Code, fraud, error, hidden defects
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Abstract
Contents
Extract
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Abstract
The Court of Cassation imposes an obligation on the seller to inform the buyer, marking a significant shift in jurisprudence and strengthening buyer protection.
Contents
The recognition of an obligation to inform the seller
A strengthening of the protection of the buyer
The recognition of an obligation to inform the seller
A strengthening of the protection of the buyer
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Extract
[...] The only thing that was imposed on him was the obligation to be clear. - In this case, the Court relies on this article to impose on the seller an obligation to inform. - The value of a rule of law The assertion of an autonomous obligation - The obligation to inform can be analyzed as arising from the seller's obligation to deliver or that of loyalty, but the Court does not retain this basis in this case. - The buyer can seek to found his action on the grounds of defects in consent: fraud or errorerror. [...]
[...] A strengthening of the protection of the buyer An extended field of application: - Regardless of the quality of the professional or non-professional seller. - The seller must take the initiative to inform the buyer - Justified because the person selling the item is supposed to know it and this regardless of their quality (professional or not) The culmination of a jurisprudential trend favorable to the buyer The error requires proving that the plaintiff's consent was vitiated, that the defendant knew or should have known the essential importance attached by the victim of the error to the failing quality. [...]
