ASSIGNMENT NO.
5
CONDITIONS AND WARRANTIES
1. What is a condition? Types? Effect of non-fulfillment? [Article 1545]
2. What is a warranty? Kinds? Types and effect of express warranty? Form?
Time of warranty?
3. May the buyer waive breach of warranty?
4. What is the effect of expression of opinion by the seller?
5. What is an implied warranty? Kinds? Nature? [Article 1547]
6. When is implied warranty not applicable?
7. What is eviction? Warranty in case of eviction? [Article 1548]
8. What are the essential elements of warranty against eviction?
9. Types of eviction?
[Link] is the warranty applicable/inapplicable?
[Link] the vendee required to appeal from judgment for the vendor to become
liable for eviction? [Article 1549]
[Link] of prescription on eviction [Article 1550]
[Link] of deprivation for non-payment of taxes [Article 1551]
[Link] of judgment debtor in a judgment sale [Article 1552]
[Link] stipulation exempting the vendor from the obligation to answer for
eviction allowed? [Article 1553]
[Link] of waiver of eviction? Effect? [Article 1554]
[Link] are the rights and liabilities in case eviction occurs?
[Link] is the right of second purchase to whom warranty is assigned?
[Link] are the alternative rights of vendee in case of partial eviction?
[Link] rescission available in case of total eviction?
[Link] final judgment of eviction essential? [Article 1557]
[Link] formal summon necessary? [Article 1558]
[Link] the vendee demand that the vendor be made a co-defendant in the case
for eviction? [Article 1559]
[Link] are the rights of vendee where immovable sold encumbered with non-
apparent burden?
[Link] right cannot be exercised? When action must be brought?
[Article1560]
[Link] is redhibition and redhibitory action? [Article 1561]
[Link] is Article 1561 applicable? Requisites for warranty against eviction?
[Link] is defect (a) important or serious, (b) hidden, (c) patent or made
known
[Link] the 2 types of implied warranties as to quality of goods. [Article
1562]
[Link] the rule on sale under a patent or trade name. [Article 1563]
[Link] is the effect of usage of trade [Article 1564]
[Link] the implied warranty as to the absence of defects rendering the
goods unmerchantable. [Article 1565]
[Link] are the rules as to merchantability of goods sold by sample.
[Link] the general rule on the ignorance of vendor and its exceptions
[Article 1566]
[Link] is the effect where vendee is aware of the defect? Is proof necessary?
[Link] the principles of caveat venditor and caveat emptor.
[Link] the two (2) alternative remedies of the buyer to enforce warranty?
[Article 1567]
[Link] are the effect of loss of thing sold on account of hidden defects: (a)
vendor aware of hidden defects and (b) vendor not aware of hidden defects.
[Article 168]
[Link] are the effect of loss of defective things sold and effect of deterioration
of the thing sold? [Article 1569]
[Link] the rules regarding warranty in judicial sales [Article 1570]
[Link] are the prescriptive period in actions involving implied/express
warranty? [Article 1571]
[Link] are the rules in case of sale of two or more animals/things together.
[Articles 1572 and 1573]
[Link] is the rule in sale of animals at fairs or public auctions or as
condemned? [Article 1574]
[Link] is sale of animal void? [Article 1575]
[Link] constitutes redhibitory defect of animals? Exemptions? [Article 1576]
[Link] are the limitation in sale of animals? [Article 1577]
[Link] is the responsibility of vendor where animal dies? [Article 1578]
[Link] is the liability of buyer in case sale of animal is rescinded? [Article
1579]
[Link] are alternative remedies of vendee in sale of animals? [Article 1580]
[Link] is the governing law on sale of large cattle? [Article 1581]
51.
