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VI. OBLIGATIONS OF THE VENDOR/SELLER -
D. WARRANTIES
[HIDDEN DEFECTS]
…
VI. OBLIGATIONS OF THE VENDOR/SELLER -
D. WARRANTIES
[HIDDEN DEFECTS]
- IMPLIED WARRANTY AGAINST HIDDEN ENCUMBRANCES & DEFECTS
-
IMPLIED WARRANTY:
Article 1547. In a contract of sale, unless a contrary intention appears, there is:
- FREE FROM
a. FAULTS
b. DEFECTS
c. CHARGE
d. ENCUMBRANCE
-NOT DECLARED/KNOWN TO BUYER
(2) An implied warranty that the thing shall be free from any hidden faults or defects, or any charge or encumbrance not declared or known to the buyer.
X X X
-
BREACH BY HIDDEN DEFECT
- UNFIT FOR INTENDED USE
- DIMINISH FITNESS FOR INTENDED USE
a. NO BUY, IF INDUCIVE
b. LOWER $ - Buyer would've paid lower
Article 1561. The vendor shall be responsible for warranty against the hidden defects which the thing sold may have,
should they render it unfit for the use for which it is intended, or should they diminish its fitness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired it or would have given a lower price for it;...
EXCEPT IF:
- VISIBLE
- NOT VISIBLE BUT:
a. EXPERT WOULD'VE KNOWN
...but said vendor shall not be answerable for patent defects or those which may be visible, or for those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them. (1484a)
VENDOR NOT AWARE? DON'T CARE
Article 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.
EXCEPT IF:
- STIPULATED +
a. VENDOR NOT AWARE
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)
-
WHEN NOT LIABLE
- VISIBLE
- EXPERT
-WOULD'VE KNOWN
a. EXC: NOT EVEN EXPERT KNEW
- STIPULATED
-VENDOR NOT AWARE
EXPERT CAN'T DETECT -> REDHIBITORY
Article 1576. 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.
REDHIBITORY DEFECT OF 1 -> ONLY THAT 1
Article 1572. If two or more animals are sold together, whether for a lump sum or for a separate price for each of them, the redhibitory defect of one shall only give rise to its redhibition, and not that of the others;
APPLICABLE TO SALE OF OTHER THINGS
Article 1573. The provisions of the preceding article with respect to the sale of animals shall in like manner be applicable to the sale of other things. (1492)
INDUCIVE
unless it should appear that the vendee would not have purchased the sound animal or animals without the defective one.
PRESUMED :!: REDHIBITORY TO ALL IF:
- TEAM
- YOKE PAIR
- SET
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. (1491)
DAMAGES AGAINST VET IF:
- IGNORANT
- BAD FAITH
But if the veterinarian, through ignorance or bad faith should fail to discover or disclose it, he shall be liable for damages. (1495)
BREACH BY HD REQS: (SHAN)
- SERIOUS DEFECT
a. Defect is Important or Serious
i. The thing sold is unfit for the use which it is intended
ii. Diminishes its fitness for such use or to such an extent that the buyer would not have acquired it had he been aware thereof
- HIDDEN
b. Defect is Hidden
- AT SALE
c. Defect Exists at the time of the sale
- NOTICE BY BUYER TO SELLER
d. Buyer gives Notice of the defect to the seller within reasonable time.
(Batalla v. Prudential Bank GR 200676)