A dispute over plants is first a question of cause: was the plant diseased on delivery, badly planted, poorly maintained, a victim of the soil or the weather? Was the seed defective, or was the sowing badly carried out? The applicable law then depends on the contract: sale between professionals, landscaping works contract, supplier's general terms.
What the plant tells us
A symptom can be dated and explained: a necrotic collar, a circling root system, contamination in patches or spread evenly, irregular emergence do not tell the same story. This is often where liability is decided.
Typical matters
- Plants dead or diseased after delivery or planting
- Poor establishment and establishment guarantees
- Wrong variety and non-conforming batches
- Seeds with insufficient germination
- Court-appointed expert proceedings on plants
Articles available in English
More detailed articles on this area are available in French.