Hidden defects cost the owner of a vehicle 10,000 dirhams as compensation – Al-Nasr Newspaper
This case relates to a dispute between the buyer and the seller regarding a car sale contract and its repercussions, where the buyer claimed that there were hidden defects in the car that he bought for a specified amount, and demanded the cancellation of the contract and the refund of the amount paid in addition to compensation for the material and moral damages incurred.
After examining the evidence and pleadings, the Court of Appeal confirmed the ruling issued by the Court of First Instance to cancel the contract and refund the amount paid, in addition to compensation for material and moral damages suffered by the buyer. This came based on the report of the engineering expert commissioned by the court, who confirmed the existence of defects in the car and that they do not appear until after use or careful examination.
This provision is important for protecting the rights of the buyer and ensuring that he obtains a sound and defect-free commodity. In the event that hidden defects are found in the commodity, the buyer has the right to resort to the judiciary and demand the cancellation of the contract and the refund of the amount paid in addition to compensation for the material and moral damages incurred. This ruling also emphasizes the importance of dialogue and understanding between the seller and the buyer, and adherence to the terms and details agreed upon regarding the commodity to be sold in order to avoid disputes later on.
The seller must provide accurate and transparent information about the commodity to be sold, and in the event of defects or damage to the commodity, it must be explicitly disclosed before the sale. The buyer must also verify the condition of the commodity before completing the purchase process and pay attention to the details and terms agreed upon.
The parties must also abide by the terms and laws stipulated in the sale and purchase contract, and in the event of non-compliance with any of these conditions, the other party has the right to resort to the courts to end the dispute. The judgment issued by the court in civil disputes must be fair and equitable for all, and achieve justice and the legitimate rights and interests of the conflicting parties.
Compliance with the laws and terms agreed upon in commercial contracts and commercial transactions in general is vital to achieving justice and integrity in commercial relations, to ensuring the protection of the rights and interests of the contracting parties, and to achieving sustainable economic and social development.
Courts and the judiciary in the world are considered essential tools for achieving justice and resolving conflicts and disputes between the various parties, and there must be specific guarantees and standards for justice and integrity in the judiciary, and the judiciary must be independent, impartial and not affected by any external pressures.
Judges must abide by professional ethics, legal standards, and applicable legislation, and must be qualified and well trained in the exercise of their duties, and must enjoy impartiality, fairness, and transparency in their performance of judicial duties.
In the end, there must be cooperation and understanding between the conflicting parties to avoid conflicts and to resolve disputes in a peaceful manner, and in the event of a dispute, resort to the judiciary and rely on the judgment issued by the court to resolve the dispute and end it in a just and fair manner.
