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VI. OBLIGATIONS OF THE VENDOR/SELLER - D. WARRANTIES IMPLIED WARRANTY…

- - - - d. BUYER'S REMEDIES
        
        e. SPECIAL RULES
        
        i. SALE UNDER A
        PATENT or TRADE NAME
        
        NO WARRANTY AS TO FITNESS FOR
        ANY! PARTICULAR PURPOSE
        Article 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 STIPULATED
        ..unless there is a stipulation to the contrary. (n)
        
        ii. SALE OF GOODS BY DESCRIPTION
        
        UNMATCH-> RESCIND
        Article 1481. In the contract of sale of goods by description or by sample, the contract may be rescinded if the bulk of the goods delivered do not correspond with the description or the sample, XXX
        
        REASONABLE OPPORUNITY TO
        COMPARE BULK WITH DESCRIPTION/SAMPLE
        The buyer shall have a reasonable opportunity of comparing the bulk with the description or the sample. (n)
        
        iii. SALE OF GOODS BY SAMPLE
        
        iv. SALE BY SAMPLE :heavy_plus_sign: DESC
        
        IF BOTH, BOTH
        if the contract be by sample as well as description, it is not sufficient that the bulk of goods correspond with the sample if they do not also correspond with the description.
        
        But what if they match with description only, not sample?
        
        RESCIND
        SAMPLE :check:
        DESCRIPTION :red_cross:**
        
        IF:
        DEALER IN GOODS OF THAT KIND
        THEN:
        IMPLIED WARRANTY FROM
        
        UNMERCHANTABILITY
        a. NOT APPARENT ON REASONABLE EXAM
        Article 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)
        
        IMPLIED WARRANTY ON QUALITY & FITNESS
        X X X
        
        MERCHANTABLE QUALITY:
        a. GOODS BROUGHT BY DESCRIPTION
        b. FROM SELLER DEALING IN SUCH GOODS
        (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)
        
        SUMMARY RULES:
        DESC or SAMPLE
        
        MERCHANTABILITY WARR REQ::
        a. VENDOR DEALS IN THAT KIND
        
        NO MATCH -> RESCIND
        
        REASONABLE OPP TO EXAM
        
        PARTICULAR PURPOSE vs PATENT
        
        PART PURP
        a. WARRANTY FOR FITNESS
        -MADE KNOWN TO BUYER
        -RELIANCE BY BUYER
        
        PATENT/TRADE NAME
        a. NO WARRANTY FOR FITNESS
        -EXC: STIPULATED
        
        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)
        
        6 MONTHS :alarm_clock:
        ACTIONS FROM 1561-1570 PRESCRIBE:
        6 MONTHS FROM DELIVERY
        Article 1571. Actions arising from the provisions of the preceding ten articles shall be barred after six months, from the delivery of the thing sold. (1490)
        
        i. ACCION REDHIBITORIA
        
        ii. ACCION QUANTI MINORIS
      - IMPLIED WARRANTY ON
        QUALITY & FITNESS
        Article 1562. In a sale of goods, there is an implied warranty or condition as to the quality or fitness of the goods, as follows:
        
        PARTIC PURP -> REASONABLY FIT
        a. MADE KNOWN BY BUYER
        b. RELIANCE BY BUYER
        (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;
    - - JUDGMENT DEBTOR
        NOT LIABLE FOR DAMAGES
        except that the judgment debtor shall not be liable for damages. (1489a)
  - - - USAGE OR TRADE -> PART-PURP
        Article 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)