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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

By |February 28th, 2023|Business|

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)

By |December 23rd, 2022|Business|
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