Sale and latent defect
The purchaser, who has the sole choice of actions provided for by law in the event of the seller's warranty for latent defects being called into play, may accept that the seller proceeds, by repairing the property at his own expense, to a repair in kind which removes the defect and re-establishes the contractual equilibrium intended by the parties. This solution cannot be extended to the repair of the latent defect by a third party, which, having no effect on the contractual relations between the buyer and the seller, cannot remove the estimatory action allowing the buyer to obtain the
Termination of the commercial agency contract for serious fault
A commercial agent who has committed a serious breach, prior to the termination of the contract, which was not mentioned in the letter of termination and was discovered afterwards by the principal, so that it did not cause the termination, cannot be deprived of his right to indemnity (Supreme Court, 16 Nov. 2022, n°21-17423)
Transfer of business
The transfer of a business including the transfer of the ownership of trademark rights does not entail the transfer of the exclusive distribution contract for the products bearing these trademarks (Supreme Court, 19 Oct. 2022, n°21-16169)
Commercial lease – Covid-19
The general administrative police measure prohibiting reception from the public does not constitute non-performance by the lessor of its obligation to deliver. The tenant's request for a rent reduction is dismissed (Supreme Court, 30 June 2022, n°21-19889)
Facilities classified for environmental protection
Two decrees dated 28 February 2022 were published in the Official Journal of 3 April 2022. They reinforce the industrial risk prevention system within facilities classified for environmental protection.
Commercial agent status
It is not necessary to have the ability to amend the conditions of the contracts concluded by the principal to be a commercial agent (Supreme Court, 12 May 2021, n°19-17042)
Guarantee of latent defects
The intermediary seller condemned to guarantee the consequences of the product affected by a latent defect can exercise a recourse action against the manufacturer amounting to the damages. The manufacturer can invoke grounds to limit its guarantee (Supreme Court, 6 January 2021, n°19-18588)
