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单词 actio quanti minoris
释义
actio quanti minoris
actio quanti minoris originally a remedy in Roman law granted to the aedile (a magistrate with jurisdiction over markets) when a latent defect appeared that had not been revealed to the buyer, allowing the buyer (within a year) to seek the difference between the price paid and the value. Liability was strict. In late Roman law it applied even to land. It is still discussed in civilian jurisdictions to this day. The Sale of Goods Act 1979 (amended in 1994) prevailing in the UK provides a general right to retain the property and claim damages for the difference in value in respect of goods that disconform to the con- tract, including its statutorily implied terms.

The position in Scotland in relation to land has been clarified by the Contracts (Scotland) Act 1997, which provides that it is not necessary to rescind before being able to claim damages.

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更新时间:2024/10/27 3:28:43