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Commercial Law — Commercial contracts — Warranties and exclusion clauses

Date Citation Note
14.04.1992 Com. 729 Bull. Civ., n° 160, 112 Case Café de L’Equipe/Janiprix Contractual v. statutory warranties on the sale of a business
It is common practice in contracts of sale for vendor and purchaser to agree specific warranties to which the vendor is to be held. The French Civil Code, in Articles 1625 et seq., provides certain standard warranties which are implied into such contracts. Article 1628 in particular provides that, “even if it is stipulated that the vendor shall be bound by no warranty, he remains nevertheless bound by those resulting from his personal actions; any contrary agreement is void”. This case concerns the tension arising between the limited warranties set out in a contract for the sale of a bar and the statutory implied warranties of the CC.
Held:
The limited warranties set out in the contract did not displace the statutory warranty of Article 1628; hence the expiry of the former left the latter intact.
23.01.1990 Com. 85 Application for Review 88-10.478 Case Trans Europe Voyages v. Cars This case, relating to a contract of sale, concerns the validity of clauses excluding any warranties by the seller and any redress by the purchaser. The court also had to consider the laws on consumer protection and abusive clauses (Consumers’ Code), and whether a seasoned business man in the transport industry is a professional or a consumer eligible for the protection of the Code in dealing with a second hand vehicle dealer. The case also, incidentally, emphasises that the court will not allow a party to plead before it new elements of law or fact not raised below.
Held:
The laws protecting consumers do not apply in such a case.