Question
Explain the following and give each example: Article 1576(own explanation and give example) What constitutes redhibitory defect of animals -Redhibitory vice or defect is a
Explain the following and give each example:
Article 1576(own explanation and give example)
What constitutes redhibitory defect of animals
-Redhibitory vice or defect is a defect in the article sold against which defect the seller is bound to warrant.
Article 1576 is another rule specially applicable to animals. To be considered redhibitory, the defect must not only be hid-den. It must be of such a nature that expert knowledge is not sufficient to discover it. However, if the veterinarian failed to discover it through his ignorance, or failed to disclose it to the vendee through bad faith, he shall be liable for damages.
Article 1577(own explanation and give example)
Limitation of action in sale of animals
- The redhibitory action based on the faults of animals shall be barred unless brought within forty days from the date of their delivery to the vendee.
According to the second paragraph, what should be considered redhibitory defects in the sale of animals are only those determined by law or by local customs. If the defects are patent, there is no warranty against such defects although there exists a redhibitory vice.
Article 1578(own explanation and give example)
Responsibility of vendor where animal dies
- If the animal sold is suffering from any disease at the time of the sale, the vendor is liable should it die of said disease within three days from the date of the sale (not date of delivery). If the death occurs after three (3) days, he is not liable.
If the loss is caused by a fortuitous event or by the fault of the vendee, and the animal has vices, Article 1567 should be applied.
Article 1579(own explanation and give example)
Liability of buyer in case sale of animal is rescinded
- If the vendee avails himself of the remedies granted by Article 1567 (see Art. 1580.), the vendee must return the animal in the condition in which it was sold and delivered. In case of injury due to his negligence, the vendee shall be responsible but this would be no obstacle to the rescission of the contract due to the redhibitory defect or fault of the animal. (see Art. 1569.) Under Article 1556, the buyer may not ask for rescission where he has created new encumbrances upon the thing sold.
Article 1580(own explanation and give example)
Alternative remedies of vendee in sale of animals
- The vendee has the same right to bring at his option, either aredhibitory action or an action
quanti minoris. The action must be brought within forty days from the date of the delivery of the animals to the vendee. (Art. 1577.)
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