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  • Camilla Dromberg

    Student thesis: Bachelor

    Abstract

    The number of horses are continuously increasing and consequently the trade with horses simultaneously increases. Almost every trade is made without any complications, but sometimes problems arise when the horse does not fulfil the buyer's expectations. Since the purchase price often is considerably high, it is of utmost importance that the horse can be used for the intended purpose. A defect may cause significant financial repercussions for the buyer and may lead to a dispute with the seller. In this case the buyer can only successfully refer to the defects that can be considered as hidden. The purpose of this thesis is  to get a sense of the legal situation in case of hidden defects in the purchase of horses.

    The essay has been treated according to legal dogmatic method, which is used to interpret and systematize the legal materials in order to determine the legal situation. I have studied the various sources of law such as legislation, legal cases and doctrine.

    When assessing whether an defect can be considered to be hidden one must first take into account whether there is a defect at all. The next step determines whether the defect can be regarded as open or hidden. The extent of the buyers investigation has a major role. The influence of this depends on what has transpired in the dialogue between the parties, as if there were grounds for further investigation of the horse. The Supreme Court considered that defects that can easily be detected and that may have been superficial in most cases not be considered as hidden. The answer to the question of when a hidden fault exists in the purchase of horses is that it depends on the specific circumstances of the case.

     

    Date of Award2009-Sept-11
    Original languageSwedish
    SupervisorJohann Mulder (Supervisor) & Pontus Sjöström (Examiner)

    University credits

    • 15 HE credits

    Swedish Standard Keywords

    • Law (505)

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