Elements of liability & scope under the warranty of quality & buyer's recourses for a latent defect & limitation liability

what is liability

legal rule that makes a person/business responsible for a harm, loss, or damage they cause to others

what are the five elements of liability under the warranty of quality

1. existence of the hidden defect

2. latency/hidden character

3. gravity

4. anteriority

5. ignorance of the buyer

Art. 1442 The rights of the parties to a contract pass to their successors by particular title if the rights are accessory to the property which passes to them or are closely related to it. recap in simple words

warranty of quality can follow the property, so the subsequent buyer also has rights to the warranty of quality

what are three things a buyer can seek if the requirements for the warranty of quality are established

1. reduction of the purchase price

2. resolution/cancellation of the sale

3. damages (Art. 1728)

can the seller limit their liability?

• there can be a conventional modification of warranty provisions. ex. the contract can contain a limitation of liability clause

• BUT a limitation of liability does NOT apply where the seller knew of the defect (Art. 1732-1733)

Can the buyer’s fault limit the seller liability?

yes.

seller’s defence: direct and causal fault by the buyer in the use of the property