Clients had purchased a horse for their daughter to compete with. After the horse was delivered to the clients in Canada, it turned out that it had a shivering disease. This makes the horse unsuitable for intended purpose of the purchase agreement. This was the reason why clients wanted to annul the purchase agreement.
Katrien Beelen successfully argued on behalf of clients that it was a consumer purchase whereby the horse showed a defect within two years of delivery, for which the seller was liable. The Antwerp (BEL) Court of Appeal shared the clients’ view. As the horse is suffering from an incurable disease which makes it impossible for it to function normally, the horse is not suitable for the use for which it was purchased.
The Court dissolved the purchase agreement and orders the seller to repay the purchase price.
