Warranties

Question 1

Prescriptive period (Implied Warranty against Hidden Defects) :

Answer 1

6 months from delivery

Question 2

Implied Warranty against Hidden Defects If thing is a lost:

If seller NOT aware of defect, buyer may demand:

Price and expenses BUT NOT __________.

Answer 2

damages

Question 3

Implied Warranty against Hidden Defects If thing is a lost:

Due to fortuitous event or fault of buyer the buyer may demand:

(a) ________ minus value of thing when it was lost.

(b) ___________, if seller acted in bad faith

Answer 3

Price paid, Damages

Question 4

Implied Warranty against Hidden Defects If thing is a lost:

If seller aware of defect, buyer may demand:

Answer 4

(a) Return of price
(b) Refund of expenses
(c) Damages

Question 5

Implied Warranty against Hidden Defects If thing is not lost:

Answer 5

(a) Withdraw from contract + damages

(b) Demand a proportionate reduction of
the price + damages

Question 6

Implied Warranty against Encumbrances

(a)______________: Within 1 year from
execution of deed of sale OR

(b) _____________: Within 1 year from
execution of deed of sale or discovery of
the burden or servitude

Answer 6

Rescission, Damages

Question 8

If there is waiver of warranty:

(a) Seller acted in bad faith: Waiver is_______, seller liable for eviction

(b) Buyer made waiver without knowledge of risks of eviction:
Seller liable only for the value of the thing sold at time of _________.

(c) Buyer made waiver with knowledge of risks:
Seller ____________; buyer assumed the consequences

Answer 8

void, eviction, not liable

Question 9

If property sold for nonpayment of taxes due and not made known to the buyer before the sale _________ is liable.

Answer 9

Seller

Question 10

When adverse possession commenced before sale, but prescription period completed after transfer: seller is ________.

Answer 10

not liable

Question 11

Implied Warranty against Eviction
(Partial Eviction).:

____________.
OR

Rescind within ___months from delivery:

(a) If he would not have bought the thing sold without the part lost;

(b) BUT he must return the thing without other encumbrances than those which it had when he acquired it

Answer 11

Enforce liability, 6

Question 12

Implied Warranty against Eviction:
(Total Eviction).

Demand from seller:
(VICED)

(a) __________ sold at time of eviction

(b) _____________, if he has been ordered to deliver them to the party who won the eviction suit.

(c) _______ of eviction suit and in a proper case, suit against seller for warranty.

(d) ___________of the contract, if buyer has paid them.

(e) ____________and interests, and ornamental expenses, IF sale was made in bad faith

Answer 12

Value of thing, Income or fruits, Costs , Expenses, Damages

Question 13

Rescission not available when buyer:

(a) _______________________ when he accepted the goods without protest

(b) Fails to __________ the seller about election to rescind within a reasonable period of time

(c) Fails to______or________ to return the goods to the seller in substantially a good condition as they were when delivered, unless deterioration was due to breach of warranty.

Answer 13

Knew of breach of warranty, notify, return or offer

Question 14

BUYER’S OPTIONS IN CASE OF BREACH OF WARRANTY
(Express Warranty)

Remedies:

Answer 14

(a) Accept goods + demand diminution/ extinction of price

(b) Accept goods + damages

(c) Refuse to accept goods + damages

(d) Rescind (Refuse to accept or return or offer to return) + recover price paid

Question 15

_________ liable if animal dies within 3 days after its purchase due to a disease that existed at the time of sale.

Answer 15

Seller

Question 16

Veterinarian is liable if he ________ to discover or disclose the hidden defect through
ignorance or bad faith.

Answer 16

fails

Question 17

IMPLIED WARRANTY AGAINST REDHIBITORY DEFECT IN THE SALE OF ANIMALS:

The following sales are void:

(1) Sale of animals suffering from ______________.

(2) Sale of animals ______ for the purpose for which they are acquired as stated in the contract.

Answer 17

contagious diseases, unfit

Question 18

IMPLIED WARRANTY AGAINST REDHIBITORY DEFECT IN THE SALE OF ANIMALS:

No warranty in case of:

(1) Animals sold at _____or public auctions.
(2) Livestock sold as ________________.

Answer 18

fairs, condemned

Question 19

Warranty of fitness is warranty that goods are suitable for the ____________ of the buyer which will not be satisfied by mere fitness for general purposes.

Answer 19

special purpose

Question 20

Warranty of ___________________ is warranty that goods are reasonably fit for the general purpose for which the same are sold.

Answer 20

merchantability

Question 21

Warranty of Seller’s Right to Sell:
Seller warrants his right to sell at the time the _____________ is to pass.

Answer 21

ownership

Question 22

Implied warranty arises by operation of law and need not be__________ in the
contract of sale.

Answer 22

stipulated

Question 23

An __________ warranty is derived by law by implication or inference from the nature of the transaction or relative situation, or circumstances of the parties, irrespective of any intention of the seller to create it.

Answer 23

implied

Question 24

When concealment of facts comes with an active misstatement of fact or a partial statement of fact such that withholding of that unsaid portion makes that which is stated _____________.

Answer 24

absolutely false

Question 25

Buyer who fails to inspect condition of property despite ample opportunity to do so when there is no opposition on the part of seller to inspect cannot later on alleged _______ representation.

Answer 25

false

Question 26

Express Warranty

Concealment of facts does not necessarily amount to ________ representation.

Answer 26

false

Question 27

A statement or representation made by the seller contemporaneously and as part of the contract of sale, having reference to the character, quality, or title of the goods, and by which he promises or undertakes to ensure that certain facts are or shall be as he then represents.

Answer 27

Warranties

Question 28

Not every false representation voids the contract, only those matters substantially affecting the buyer’s interest, not matters of opinion, judgment, probability, or expectation.

When the buyer undertakes his own investigation, and the seller does nothing to prevent it from being as full as the buyer chooses, the buyer ____________ allege misrepresentations.

Answer 28

Cannot

Question 29

Non-fulfillment of warranty constitutes _____________________.

Answer 29

breach of contract

Question 30

What is specifically represented as true in said document cannot be considered as
_______ dealer’s talk.

Answer 30

mere

Question 31

If seller has _________ that the condition should happen or be performed, the buyer may treat the nonperformance of the condition as a breach of warranty.

Answer 31

promised

Question 34

An express warranty can be made by and also be binding on the seller even in the sale of a ____________article.

Answer 34

second hand