Article 1561
Article 1561
Article 1561
1. DEFINITION OF TERMS
a. Redhibition
- The avoidance of sale on account some vice or defects in the thing sold, which renders its use
impossible.
b. Redhibitory Action
- an action instituted to avoid sale on account of some vice or defects in the thing sold, which
renders its use impossible
**Accion Minoris or Estimatoris- return of a part of the purchaser price paid by the vendee
c. Redhibitory vice or defect
- Defect in the article sold against which defect the seller is bound to warrant
- The vice or defect must constitute an imperfection, a defect in its nature, of certain importance
General Rule:
- There is no implied warranty as to the quality or fitness for any particular purpose
Except:
a. The buyer expressly or by implication, manifest to the seller the particular purpose for which the
goods are required
b. The buyer relies upon the seller’s skill or judgement
ARTICLE 1563:
ARTICLE 1565:
ARTICLE 1567:
ARTICLE 1568:
ARTICLE 1569:
Art. 1562. In a sale of goods, there is an implied warranty or condition as to the quality or fitness of the goods,
as follows:
(1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which
the goods are acquired, and it appears that the buyer relies on the seller's skill or judgment (whether he be the
grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such
purpose;
(2) Where the goods are brought by description from a seller who deals in goods of that description (whether
he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable
quality. (n)
Art. 1563. In the case of contract of sale of a specified article under its patent or other trade name, there is no
warranty as to its fitness for any particular purpose, unless there is a stipulation to the contrary. (n)
Art. 1564. An implied warranty or condition as to the quality or fitness for a particular purpose may be annexed
by the usage of trade. (n)
Art. 1565. In the case of a contract of sale by sample, if the seller is a dealer in goods of that kind, there is an
implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not
be apparent on reasonable examination of the sample. (n)
Art. 1566. The vendor is responsible to the vendee for any hidden faults or defects in the thing sold, even
though he was not aware thereof.
This provision shall not apply if the contrary has been stipulated, and the vendor was not aware of the hidden
faults or defects in the thing sold. (1485)
Art. 1567. In the cases of Articles 1561, 1562, 1564, 1565 and 1566, the vendee may elect between
withdrawing from the contract and demanding a proportionate reduction of the price, with damages in either
case. (1486a)
Art. 1568. If the thing sold should be lost in consequence of the hidden faults, and the vendor was aware of
them, he shall bear the loss, and shall be obliged to return the price and refund the expenses of the contract,
with damages. If he was not aware of them, he shall only return the price and interest thereon, and reimburse
the expenses of the contract which the vendee might have paid. (1487a)
Art. 1569. If the thing sold had any hidden fault at the time of the sale, and should thereafter be lost by a
fortuitous event or through the fault of the vendee, the latter may demand of the vendor the price which he
paid, less the value which the thing had when it was lost.
If the vendor acted in bad faith, he shall pay damages to the vendee. (1488a)
Art. 1570. The preceding articles of this Subsection shall be applicable to judicial sales, except that the
judgment debtor shall not be liable for damages.