THE BUYER'S REMEDY IN DAMAGES FOR LATENT DEFECTS IN THE PROVINCE OF QUEBEC

Abstract

After surveying current Quebec law under the warranty provisions in the Civil Code, which contemplate the award of damages for latent defects in objects sold, this article examines the appropriate remedies where the seller had actual knowledge of the defect and where the seller had presumed knowledge. It asks whether the private, or non-commercial vendor, and certain types of non-commercial seller, are free from the effects of presumed knowledge and whether the presumption is applicable to the manufacturing vendor or the specialized merchant-vendor. Without determining what the precise policy should be, it concludes with recommendations for policy implementation.