The First Hall Civil Court (the "Court") presided by
Madame Justice Anna Felice on 11 January 2023, in the case
"Roderick Debattista u Analise Debattista vs Charles Mifsud u
Josianne Mifsud" held, among other things, for a buyer to
successfully request the rescission of the sale owing to a latent
defect, he had to show that he acted prudently, and with the
diligence of a bonus pater familias.
The Court did not find that the buyers acted up to the standards
of diligence expected from a prudent buyer by failing to rely on
the services of a professional marine surveyor to inspect the yacht
before purchasing it.
The facts in this case were as follows:
On 19 April 2013, Roderick and Analise Debattista bought the
yacht 'Lady Lala' from Charles and Josianne Mifsud for
€76,000.
