Civil Law, 2011 Bar — Question 36

MULTIPLE CHOICE

Knowing that the car had a hidden crack in the engine, X sold it to Y without informing the latter about it. In any event, the deed of sale expressly stipulated that X was not liable for hidden defects. Does Y have the right to demand from X a reimbursement of what he spent to repair the engine plus damages? A) Yes. X is liable whether or not he was aware of the hidden defect. B) Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not disclosing the fact to Y. C) No, because Y is in estoppel, having changed engine without prior demand. D) No, because Y waived the warranty against hidden defects.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.