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VI. OBLIGATIONS OF THE VENDOR/SELLER -
D. WARRANTIES
WARRANTY IN SALES…
VI. OBLIGATIONS OF THE VENDOR/SELLER -
D. WARRANTIES
- WARRANTY IN SALES OF ANIMALS
a. APPLICABILITY
b. REQUISITES
c. BUYER'S REMEDIES
d. SPECIAL RULES
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;
EXCEPT:
VENDEE WOULDN'T HAVE PURCHASED ALL IF ONE IS DEFECTIVE
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)
VOID:
- CONTAGIOUS ANIMAL SALE
Article 1575. The sale of animals suffering from contagious diseases shall be void.
- UNFIT FOR STATED USE/SERVICE
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. (1494a)
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)
40 DAYS FROM DELIVERY FOR:
- WITHDRAWAL
- LOWER PRICE
- DAMAGES EITHER CASE
Article 1580. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action. (1499)
OPTION TO:
- WITHDRAW
- LOWER PRICE
- DAMAGES EITHER WAY
Article 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)
PRESCRIPTION: ANIMALS - REDHIBITORY
40 DAYS FROM DELIVERY! TO VENDEE
Article 1577. 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.
FAULTS/DEFECTS ONLY DETERMINED BY:
- LAW
- LOCAL CUSTOMS
This action can only be exercised with respect to faults and defects which are determined by law or by local customs. (1496a)
NO WARRANTY OF ANIMALS SOLD IN:
- FAIRS
- PUBLIC AUCTIONS
- CONDEMNED
Article 1574. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. (1493a)
-
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)
PLUS DAMAGES AGAINST VET IF:
- IGNORANT;OR
- BF
But if the veterinarian, through ignorance or bad faith should fail to discover or disclose it, he shall be liable for damages. (1495)
NO WARRANTY OF ANIMALS SOLD IN:
(FPC)
- FAIRS
- PUBLIC AUCTIONS
- CONDEMNED
Article 1574. There is no warranty against hidden defects of animals sold at fairs or at public auctions, or of live stock sold as condemned. (1493a)
-
3 DAYS FROM SALE: DEATH:
DISEASED AT CONTRACT -> VENDOR LIABLE
Article 1578. If the animal should die within three days after its purchase, the vendor shall be liable if the disease which cause the death existed at the time of the contract. (1497a)
VOID SALE:
- CONTAGIOUS ANIMAL SALE
Article 1575. The sale of animals suffering from contagious diseases shall be void.
- UNFIT FOR STATED USE/SERVICE
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. (1494a)
REDHIBITORY ACTION PRESCRIBE:
40 DAYS FROM DELIVERY!
Article 1577. 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.
FAULTS or DEFECTS
ONLY DETERMINED BY:
- LAW
- LOCAL CUSTOMS
This action can only be exercised with respect to faults and defects which are determined by law or by local customs. (1496a)
RESCIND -> RETURN AS SOLD
Article 1579. If the sale be rescinded, the animal shall be returned in the condition in which it was sold and delivered,...
VENDEE LIABLE IF:
- NEGLIGENT;
AND!
- NOT ARISING FROM REDHIBITORY DEFECT
...the vendee being answerable for any injury due to his negligence, and not arising from the redhibitory fault or defect. (1498)
40 DAYS FROM DELIVERY FOR:
- RESCIND
- REDUCE PRICE
- DAMAGES EITHER CASE
Article 1580. In the sale of animals with redhibitory defects, the vendee shall also enjoy the right mentioned in article 1567; but he must make use thereof within the same period which has been fixed for the exercise of the redhibitory action. (1499)
OPTION TO:
- RESCIND
- REDUCE PRICE
- DAMAGES EITHER WAY
Article 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)
FORM OF SALE OF LARGE CATTLE
GOVERNED BY SPECIAL LAWS
Article 1581. The form of sale of large cattle shall be governed by special laws. (n)