Facts
A., a commercial parrot breeder, purchased six Müller's Amazon parrots from B. After the birds were housed by the buyer, the six parrots fell ill and died, whereupon almost the entire remaining breeding stock of the buyer also died. The buyer declared the rescission of the purchase contract. The parties had expert opinions prepared, which showed that it was likely that one of the parrots delivered by the seller was infected with the Pacheco virus and the disease broke out due to the stress of the new housing, whereupon the virus spread to the entire bird population of the buyer. The buyer demanded from the seller the reimbursement of the purchase price and compensation for the damage caused by the illness of the purchased parrots.
Considerations
The Federal Supreme Court states that Art. 208 para. 2 CO provides for strict liability of the seller for the damage directly caused to the buyer by the delivery of defective goods. The length of the chain of causation between the delivery of defective goods and the damage incurred is to be taken into account. The loss of the buyer's bird…