Knowledge of Non-Conformity of the Consumer Good with the Contract

Abstract

According to Polish private law, the seller is not responsible for non-conformity of consumer goods with the contract of sale when the purchaser knows about the non-conformity or, judging reasonably, should have known about it. The article aims to elucidate what this exclusion means, especially how the requirement of the possessing of knowledge of the non-conformity conditioned by reasonable judgment ought to be interpreted. Inter alia, the deliberations encompass issues such as the obligation to examine goods before the moment of a contract being concluded, knowledge of the contents of public registers in which rights of third parties burdened a specific good have been disclosed, an indication given by the seller that aproduct does not conform the contract, or general problems of cut-price and sub-standard goods.