Subsection 2 – Warranty Against Hidden Defects of or Encumbrances Upon the Thing

Sold

Art. 1561. Requisites: hidden/not visible, serious, not known to the buyer, existed prior
to sale, notified to seller, instituted w/i 6 months or 40 days, no waiver; Essential
Elements: important/serious, hidde/latent, exist at the time of sale, notified seller w/i
reasonable time, action done within proper period; Vendor not liable if patent defects
are visible, vendee is an expert

Art. 1562. Implied warranty as to fitness or merchantability: warranty of fitness if seller

knows buyer’s special purpose (particular purpose), warranty for merchantability if thing
sold is fit for its ordinary purpose (general purpose)

Art. 1563. Sale of a specified article under its patent or other trade name, no warranty
as to fitness, unless there is stipulation to contrary

Art. 1564. Implied warranty or condition as to quality or fitness for any particular purpose
may be annexed (united) by usage of trade

Art. 1565. Warranty of merchantability: sale by sample, seller is a dealer in goods of that
kind, there is implied warranty that goods are free from defects.

Art. 1566. Vendor is liable to vendee for any hidden defects even if he was not aware

Art. 1567. In cases 1561, 1562, 1564, 1565, and 1566, vendee may withdraw from
contract plus damages (accion redhibitoria) or demand proportionate reduction of price
plus damages (accion quanti minors). Remedies are NOT EXCLUSIVE.

Art. 1568. Effect of loss of the thing in consequence of hidden defects: vendor aware of
hidden defects (loss + price + expenses + damages), vendor not aware (price + interest
+ reimburse expense of contract which vendee have paid)

Art. 1569. Effect if defective thing was lost through fortuitous event or through buyer’s
fault: buyer may demand vendor the price he paid less value of thing had when lost.

Art. 1570. Preceding articles in this subsection shall be applicable to judicial sales,
except judgment debtor not liable for damages.

Art. 1571. Preceding ten articles, actions barred after 6 months from delivery

Art. 1572. Two or more animals sold together (lump sum or separate price), redhibition
to the one with redhibitory defect only.

Art. 1573. Preceding article applicable to sale of other things

Art. 1574. No warranty against hidden defects if sold at fairs, public auctions, or of live
stocks sold as condemned

Art. 1575. Void sale: animals with contagious diseases, unfit animals (use stated in
contract)

Art. 1576. Redhibitory if expert knowledge is not sufficient to discover hidden defects in
animals. Veterinarian in bad faith or through ignorance, liable for damages

Art. 1577. Prescriptive period is 40 days from delivery to vendee

Art. 1578. Animal dies w/i 3 days after purchase, vendor liable if disease existed at the
time of the contract and not at the time of delivery

Art. 1579. Effect of rescission of sale of animal with redhibitory defect: (1) return animal
in the same condition it was sold or delivered, (2) vendee answerable for injury due to
negligence

Art. 1580. Sale of animals with redhibitory defects, vendee may avil 1567 remedies w/i
40 days from delivery

Art. 1581. Form of sale of large cattle governed by special laws.