00:00In this judgment of February 5, 2002, the Third Civil Chamber of the Court of Cassation ruled on the
00:05'error relating to the substantial qualities of the thing sold.
00:08In this case, buyers purchased a mare at a sale organized after a horse race,
00:13with the aim of owning a racehorse.
00:15After the sale, they discover that the mare is pregnant and therefore destined for breeding.
00:20than at the races.
00:21They then requested the cancellation of the sale due to an error regarding the essential qualities.
00:25The Court of Cassation rejected the seller's appeal and ruled that the buyers had indeed made a decisive error.
00:30of their consent, since they wanted to buy a racehorse and not a breeding mare.
00:35She also clarifies that the random nature of the auction does not preclude a legitimate claim
00:40based on a defect of consent.
00:42Finally, since the seller deliberately concealed information about the pregnancy, his behavior constitutes fraud by omission.
00:49This ruling shows that an error regarding the intended use and essential qualities of a good can lead to its nullity.
00:54of the contract, even when the sale involves an element of chance.
00:58It is important to remember that an error regarding the quality of the animal, whether a racehorse or a breeding mare, constitutes a mistake.
01:03on the substantial qualities of the item sold.
01:06THANKS.
