Redhibition

2 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Redhibition \Red`hi*bi"tion\ (r?d`h?*b?sh"?n), n. [L. redhibitio
     a taking back.] (Civil Law)
     The annulling of a sale, and the return by the buyer of the
     article sold, on account of some defect.
     [1913 Webster]



From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  REDHIBITION, civil law, and in Louisiana. The avoidance of a sale on account 
  of some vice or defect in the thing sold, which renders it absolutely 
  useless, or its use so inconvenient and imperfect, that it must be supposed 
  that the buyer would not have purchased it, had he known of the vice. Civ. 
  Code of Lo. 2496. Redhibition is also the name of an action which the 
  purchaser of a defective movable thing may bring to cause the sale to be 
  annulled, and to recover the price he has paid for it. Vide Dig. 21, 1. 
       2. The rule of caveat emptor, (q.v.) in the common law, places a 
  purchaser in a different position from his situation under the like 
  circumstances under the civil law; unless there is an express warranty, he 
  can seldom annul a sale or recover damages on account of a defect in the 
  thing sold. Chitty, Contr. 133, et seq.; Sugd. Vend. 222 2 Kent, Com. 374; 
  Co. Litt. 102, a; 2 B1. Com. 452; Bac. Ab. Action on the case, E; 2 Com. 
  Cont. 263.