ARTICLE 1574 – WARRANTY AGAINST HIDDEN DEFECTS • The rationale behind this provision could be to account for
the nature of sales at fairs or public auctions where buyers
There is no warranty against hidden defects of animals sold might have the opportunity to inspect the animals at fairs or at public auctions, or of live stock sold as themselves, reducing the seller's responsibility for unknown condemned. (1493a) issues. Similarly, in the case of condemned livestock, the buyer might be aware that the animals are being sold with • This provision from the law on sales addresses the concept known issues, and therefore, no warranty is provided of warranties specifically concerning hidden defects in the against hidden defects in such sales. sale of animals under certain circumstances, such as sales at fairs, public auctions, or of livestock sold as condemned.
• Let's break it down:
➢ Hidden Defects: A hidden defect refers to a flaw, issue, or problem with an item that is not immediately visible upon inspection. In the context of animal sales, this might include health issues, diseases, or conditions that are not apparent upon a casual examination. ➢ Exemption from Warranty: The provision states that when animals are sold at fairs, public auctions, or when they are explicitly sold as condemned (being not fit for normal use or consumption), there is no warranty provided against hidden defects. ➢ Implications: In regular sales, there might be warranties implied or provided by law to protect buyers against hidden defects. However, this provision exempts sellers from such warranty obligations specifically in cases where animals are sold at fairs, public auctions, or if they are being sold explicitly as condemned.