Page 459 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn
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CHAPTER NINE
background. Yet, these codes no longer grounded the remedy in fraud. More precisely, the ALR qualified a lesion beyond moiety as error. It likewise explained the remedies for defects in terms of a recipient erroneously entering into a contract because of the item's deviating quality. As a consequence, the ALR determined the effects of the remedy for lesion beyond moiety and the remedies for defects in a similar fashion. All of them were subject to one and the same limitation period. Furthermore, the scope of the creditor's liability did not depend on the cause of the liability but was determined by general provisions applicable to all relations between creditors and debtors.
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