LES LIMITES DE LA BONNE FOI EN MATIERE DE VENTE: LE CAS DES VICES CACHES

Authors

  • JEFFREY EDWARDS

Abstract

As a result of articles 6, 7 and 1375 of the Civil Code of Quebec, a person's duty to conduct himself in good faith has become a fundamental rule of Quebec civil law. The warranty of quality is an obligation of general application by which all sellers (including the manufacturer, wholesaler, retailer, builder, and real estate developer) are obliged to ensure the quality of the property being sold. This article highlights the current legal applications and the practical consequences of the seller's duty to act in good faith principally with regard to the warranty. In particular, the following points are examined: the right to exclude the warranty, the duty to disclose defects, the requirement for notice within a reasonable time and the liability of the seller for damages. The duty of the seller to disclose known latent defects is one of the foundations of the warranty . The recognition of good faith as a rule of Quebec civil law consolidates the duty to disclose known facts that seriously affect the state of the property to be sold.

Keywords:

Commercial Law

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Published

2000-12-01

Issue

Section

Legal Commentary

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