Commentary on Judgment No. 19061 of 2024: The 'Seen and Liked' Clause in Sales

Judgment No. 19061 of 2024 by the Court of Cassation offers an important reflection on the dynamics of sales contracts, particularly concerning the 'seen and liked' clause. This ruling, with Dr. A. Carrato as rapporteur, clarified how this clause can exclude the warranty for defects in the sold item, provided that these defects are recognisable by the buyer with normal diligence.

The Legal Context of the Judgment

The central issue concerns the seller's liability towards the buyer, in relation to defects that may be present in the goods sold. The Court specified that the 'seen and liked' clause serves to certify that the buyer had the opportunity to examine the item before purchase. If the seller has adequately informed the buyer and if the defects are evident, the seller is not liable.

In the specific case, the material in question was second-grade marble, with defects visible to the naked eye. The Court reiterated that, in such circumstances, the seller cannot be held liable for the presence of defects, unless it is proven that they were concealed in bad faith.

The Ruling's Maxim

Sale - Seller's obligations - 'Seen and liked' clause - Exclusion of warranty for defects in the sold item - Limits - Basis - Case facts. In matters of sale, the contractual clause 'seen and liked', which aims to consensually ascertain the buyer's inspection of the item sold, exempts the seller from the warranty for defects in the latter with regard to those recognisable with normal diligence and not concealed in bad faith. (In this case, the Supreme Court quashed the decision that had found the seller liable even though the delivered marble had defects perceivable at first glance, given that it concerned supplies of second-grade marble pieces and different pre-cut batches, and as such, characterised by not entirely homogeneous colours and veining).

Practical Implications and Conclusions

This judgment has several practical implications for parties involved in sales contracts. It is essential for sellers to be transparent about the condition of the goods and for buyers to exercise due diligence in examining the items. In particular, the importance of the following is highlighted:

• Being adequately informed about the products purchased.
• Requesting documentation and details on any existing defects.
• Using clear and well-defined contractual clauses.

In conclusion, judgment No. 19061 of 2024 serves as a useful guide for all those involved in sales, emphasising that proper information and careful evaluation are essential to avoid future disputes.