obli recits

• Hidden defect


  Defect that is not known and could not have been known
• Requisites for warranty against hidden defects


  • The defect must be hidden
  • The defect must exist at the time the sale was made
  • The defect must ordinarily have been excluded from the contract
  • The defect must be important (renders thing UNFIT or considerably decreases FITNESS)
  • The action must be instituted within the statute of limitations
• Merchantable quality


  Fit for the general purpose of a thing, and not necessarily the particular purpose for which it has been acquired
• Warranty as to fitness for any particular purpose


  No warranty as to the article's "fitness for any particular purpose" (general rule), unless there is a stipulation to the contrary (exception)
• Usage of trade


  An implied warranty or condition as to the quality or fitness for a particular purpose may be annexed by the usage of trade
• Reason for usage of trade


  The parties are presumed to be acquainted with the usages of trade
• Warranty in case 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
• In the sale of candies or potatoes or washing machines by sample, there is warranty of "merchantability"
• Seller unaware of hidden defects


  The vendor is responsible to the vendee for any hidden faults or defects in the thing sold, even though he was not aware thereof (general rule)
• Exception to seller's responsibility for hidden defects


  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
• If Seller and buyer agreed that seller would be exempted from hidden defects but seller knew of hidden defects, Seller shall be liable because of bad faith
• Remedies of Buyer in case of Hidden Defects


  • Withdrawal or rescission (accion redhibitoria) plus damages
  • Proportionate reduction (accion quanti minores o estimatoria) – reduction in the price, plus damages
• Effect of loss of the thing because of hidden defects (if seller was aware of defects)

  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
• Effect of loss of the thing because of hidden defects (if seller was unaware of defects)

  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. There is no liability for damages.
• Effect of loss of thing but loss not due to hidden defect (if seller is in good faith)


  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
• Effect of loss of thing but loss not due to hidden defect (if seller is in bad faith)

  If the vendor acted in bad faith, he shall pay damages to the vendee
• The preceding articles of this Subsection shall be applicable to judicial sales, except that the judgment debtor shall not be liable for damages
• Prescriptive period for actions arising from breach of warranty against hidden defects

  6 months from delivery
• Effect of defect in one animal in a sale of 2 or more animals together (general rule)


  Generally, a defect in one should not affect the sale of the others, whether the price was a lump sum, or separate for each animal
• Exceptions to general rule on effect of defect in one animal in a sale of 2 or more animals together


  • Unless it should appear that the vendee would not have purchased the sound animal or animals without the defective one
  • The latter case shall be presumed when a team, yoke, pair, or set is bought, even if a separate price has been fixed for each one of the animals composing the same
• The provisions on sale of animals shall, in like manner, be applicable to the sale of other things
• Warranty against hidden defects for animals sold at fairs, public auctions, or livestock sold as condemned

  There is no warranty against hidden defects
• For livestock sold as condemned, the fact that the livestock is condemned must be communicated to the buyer; otherwise, the seller is still liable
• Void sales of animals

  • The sale of animals suffering from contagious diseases shall be void
  • A contract of sale of animals shall also be void if the use or service for which they are acquired has been stated in the contract, and they are found to be unfit therefor
• Redhibitory defect in animals


  • If the hidden defect of animals, even in case a professional inspection has been made, should be of such a nature that expert knowledge is not sufficient to discover it, the defect shall be considered as redhibitory
  • But if the veterinarian, through ignorance or bad faith should fail to discover or disclose it, he shall be liable for damages
• Prescriptive period for redhibitory defects in animals


  The redhibitory action, based on the faults or defects of animals, must be brought within forty days from the date of their delivery to the vendee
• Prescriptive period for breach of warranty against hidden defects, rescission, or proportionate reduction in price

  6 months
• Effect if animal dies within 3 days


  The vendor shall be liable if the disease which cause the death existed at the time of the contract
• Effect of rescission of sale of animal

  The animal shall be returned in the condition in which it was sold and delivered, the vendee being answerable for any injury due to his negligence, and not arising from the redhibitory fault or defect
• Remedies of buyer of animals with redhibitory defects


  • Withdrawal or rescission (plus damages)
  • Proportionate reduction in price (plus damages)
• Prescriptive period for remedies for animals with redhibitory defects

  40 days from date of delivery to the buyer
• The form of sale of large cattle shall be governed by special laws
• Principal obligations of the buyer


  • Accept delivery
  • Pay the price
• Effect of delivery with no time fixed for payment


  If seller has delivered but no time has been fixed for the payment of the price, the seller may require payment to be made at any time after delivery. The buyer here has the duty to pay the price immediately upon demand.
• Delivery by installments (general rule)


  Generally no delivery by installments, as performance must generally be complete
• Delivery by installments (exception)


  Exception to rule: express provisions
• Rule in case of defective installment deliveries


  It depends on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken
• The original period of payment in the Contract to Sell must be deemed extended by a period of time equal to the period of suspension during which extended time the buyer must continue to pay the monthly installment payments until the entire original contract price shall have been paid
• Right to examine goods delivered


  The buyer has the right to examine the goods delivered
• The suspension of installment payments was attributable to the realty company, not to the buyer. The tacking of the period of suspension to the end of the original period prevents default on the part of the lot buyer.