Consumer law – when a pig in a poke turns out to be a horse

Horse

Don’t you just love those little local Courts?  Nowhere can you find such diversity in case law.

Take for example the decision of 16th October 2013 by the civil Court of First Instance Dinant.  The Court had to rule about a case where a horse was sold which turned out to be injured.

Main question was if the Act of September 1, 2004, concerning the protection of consumers in sales of consumer goods would apply to this sale-purchase.

The Court ruled that a horse is a moveable good in accordance to art. 528 Belgian Civil Code.  Moreover, the seller was considered a professional seller as he was a farmer who regularly sold horses.

The injury of the horse was also considered as a non-conformity and thus the sale-purchase was annulled by the Court.

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