Consumer Sales and Guarantees Directive, Article 3, 1. Consumer Sales and Guarantees Directive, Article 5, 3.

The buyer of a horse was not entitled to rescind from the contract as it could not be proven that the lack of conformity was present at the time of delivery.

The consumer bought a horse on August 21, 2016. Shortly after, he experienced that the horse was not accepting nor getting used to having a saddle and a horse rider on its back. The seller reported that he did not have problems with this in the 2-month period the year before when he had broken the horse in.

The main legal issue is whether the seller could prove that the lack of conformity did not exist at the time of delivery in regards to the presumption rule in the Danish Sales Act § 77 a, 3, which implements art. 5, 3 regarding the 6-month presumption rule.

The 6-month presumption rule puts the burden of proof on whether the lack of conformity was present at the time of delivery. The Court was convinced that the seller had lifted this burden.

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Ingen resultater

Ingen resultater

The consumer could not rescind the contract because the lack of conformity was proven not to be present at the time of delivery. The Court upheld the First Instance Court’s judgement.