Zbieg uprawnień na gruncie instytucji błędu i rękojmi – glosa do uchwały Sądu Najwyższego z dnia 26 stycznia 2012 r., III CZP 90/11
Cumulative remedies under a mistake and an implied warranty - commentary on the Supreme Court's resolution of 26 January 2012, III CZP 90/11
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The resolution passed by the Supreme Court indicates the issue of concurrence of powers on the basis of the error and warranty for the quality of a product. The Supreme Court found it reasonable to accept in this case the concurrence of legal rules, which in turn allows individuals to select respective legal instruments in the event of an error on the quality of the purchased item. This contention should be evaluated critically. First of all, the interpretation adopted by the court may result in an imbalance exists between the parties to the contract of sale, and ultimately lead to an excessive increase in the cost of sales operations and adversely affect the sphere of exchange of goods in the market. It is due to passing on the seller an overall risk of appearance of defects of the goods sold. The Supreme Court did not take these circumstances into account, focusing solely on protecting the interests of the buyer. However, the economic consequences of such a solution for all buyers may be quite different, leading to an increase in costs to society.
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