Question juridique clé
Whether the buyer could invalidate the sale contract for essential mistake under Art. 24(1)(4) CO
Solution extraite
Essential mistake was not established because it was not proven that the alleged defect existed when the risk passed; post-sale deterioration alone is insufficient.
Motifs extraits
A buyer may rely on essential mistake for a defective thing only if the defect already existed, or originated in an earlier defect, at the time of risk transfer. The alleged instability could also stem from later causes such as poor maintenance or improper use, and the finding of no proven original design defect bound the Federal Court.