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Questions and Answers
An implied warranty in case of eviction is present in contracts of sale.
True
Liability for eviction includes the return of the value at the time of the eviction and damages if the vendor acted in bad faith.
True
If a vendee is deprived of the thing purchased partially by an act not imputable to the vendor, it still falls under the warranty in case of eviction.
False
The vendor is not required to be summoned in the suit for eviction for the warranty in case of eviction to apply.
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A defect is considered redhibitory if it is visible and known to the buyer before the sale.
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Prescription period for warranty against hidden defects is generally six months.
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If the price of the property has not been paid in full, the ownership cannot be acquired by the vendee.
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When goods are delivered 'on sale or return,' the buyer must pay for the goods immediately upon delivery.
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In a contract 'on approval or on trial,' ownership passes to the buyer upon delivery, regardless of his acceptance of the goods.
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If a buyer retains goods without giving notice of rejection after a reasonable time in a 'on approval' contract, ownership stays with the seller.
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Delivery is not important for determining the transmission of ownership.
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In a contract to sell, full payment of the price is a necessary condition for acquiring ownership.
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The period for redhibitory actions against the faults or defects of animals is thirty days.
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The vendee is not obligated to accept delivery and pay the price of the thing sold at the time and place stipulated in the contract.
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The buyer may reject improper deliveries according to extrajudicial remedies.
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The seller is bound to deliver the thing sold even if the vendee has not paid the price.
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Judicial remedies for breach of contract of sale include recovery of the price for both buyer and seller.
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Damages for breach of contract can only be claimed by the buyer.
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Study Notes
Conditions for Delivery
- Delivery is necessary for the enjoyment of the thing and determines the transmission of ownership.
- Even if the price has not been fully paid, the buyer can acquire ownership if it's not stipulated in the contract.
Sale or Return / On Approval or on Trial
- Ownership passes to the buyer on delivery, but they can return the goods within a fixed or reasonable time.
- In "on approval or on trial" cases, ownership passes to the buyer when they signify acceptance or retain the goods without giving notice of rejection.
Warranty in Case of Eviction
- The vendee is entitled to a warranty against eviction if they are deprived of the whole or part of the thing purchased due to a right prior to the sale or an act imputable to the vendor.
- Requisites for eviction include: deprivation of the thing purchased, by final judgment, based on a right prior to the sale or an act imputable to the vendor, and the vendor was summoned in the suit.
Liability for Eviction
- Liability for eviction includes: return of the value at the time of eviction, return of income or fruits, cost of the suit, expenses of the contract, and damages if the vendor acted in bad faith.
Warranty against Hidden Defects
- A defect is considered redhibitory if it's hidden, unknown to the buyer, existing prior to the sale, and renders the thing unfit for its intended use.
- The vendee can elect to withdraw from the contract or demand a proportionate reduction of the price with damages.
Obligation of the Vendee
- The vendee is bound to accept delivery and pay the price of the thing sold at the time and place stipulated in the contract.
Actions for Breach of Contract of Sale
- Extrajudicial remedies for the buyer include paying unless there's no delivery, rejecting improper deliveries, and suspending payment if disturbed in possession or ownership.
- Extrajudicial remedies for the seller include not delivering if the price hasn't been paid.
- Judicial remedies for the buyer include damages for breach of contract.
- Judicial remedies for the seller include recovery of the price and damages in case of bad faith.
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Description
Learn about the implied warranty in contracts of sale which holds the vendor accountable if the buyer is deprived of the purchased item due to a prior right or act of the vendor. Explore the requisites of eviction and vendor responsibilities in such cases.
