A contract may be rescinded for the non-performance of the other contractual party consisting in the delivery "aliud pro alio". In the cases where the parties have not expressly agreed the use of a specific purpose of the sold good, the aliud pro alio is implied whether the sold goods do not possess the minimal qualities able for whatever use, in the range of normal uses. That is implied also where the sold good is corresponding to the whole identity expected for that good, but some unusual substances present into it render the sold good not useful at all.
However only the purchaser must prove the “aliud pro alio” in that situation where it is not evident how these substances had operated for depriving the sold good of its minimal qualities for any use (Cassazione 10/12/1991 no. 13268). Moreover, such a proof is a matter of fact, not determinable before the Supreme Court, but before the Inferior Courts.
Testo integrale: Testo integrale