redhibitory defect

redhibitory defect
redhibitory defect n in the civil law of Louisiana: a defect that renders a thing useless or so diminishes its usefulness or value that it must be presumed that the buyer would not have bought it or would have paid a lesser price if aware of the defect
a seller is deemed to know that the thing he sells has a redhibitory defect when he is a manufacturer of that thing — Louisiana Civil Code – called also redhibitory vice;
◇ A seller that knows of a redhibitory defect but omits to declare it, or that declares the thing to have a quality he or she knows it does not, is liable for return of the purchase price with interest and for damages, other expenses, and reasonable attorney's fees. The seller may, however, be allowed credit for value resulting from the use or fruits of the thing.

Merriam-Webster’s Dictionary of Law. . 1996.

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Look at other dictionaries:

  • redhibitory defect — Such a defect in an article which has been sold as would warrant the purchaser in returning it to the seller …   Ballentine's law dictionary

  • redhibitory defect or vice — /rad(h)ibat(a)riy dafekt/ vays/ In the civil law, a defect in an article sold, for which the seller may be compelled to take it back; a defect against which the seller is bound to warrant. Smith v. Max Thieme Chevrolet Co., Inc., La.App., 315… …   Black's law dictionary

  • redhibitory vice — Same as redhibitory defect …   Ballentine's law dictionary

  • redhibitory — red·hib·i·to·ry || red hɪbɪtÉ”rɪ / trɪ adj. of the cancellation of a sale due to a serious defect in the merchandise (Law) …   English contemporary dictionary

  • redhibitory action — /rad(h)ibat(a)riy abkshan/ In the civil law, an action for redhibition. An action to avoid a sale on account of some vice or defect in the thing sold, which renders its use impossible, or so inconvenient and imperfect that it must be supposed the …   Black's law dictionary

  • redhibition — red·hi·bi·tion /ˌre də bi shən, ˌred hə / n [French rédhibition, from Latin redhibitio return of defective goods to the seller, from redhibēre to return (defective goods), from red back + habēre to hold, have] in the civil law of Louisiana: the… …   Law dictionary

  • redhibition — redhibitory /red hib i tawr ee, tohr ee/, adj. /red i bish euhn, red hi /, n. Civil Law. the nullification of a sale because of a defect in the article sold of such nature as to make it totally or virtually unusable or as to have prevented the… …   Universalium

  • Redhibition — is a civil action available under Louisiana law against the seller and/or manufacturer of a defective product, similar to the lemon laws more familiar to common law jurisdictions in other U.S. states.… …   Wikipedia

  • vice — A fault, defect, or imperfection. Immoral conduct, practice or habit; e.g. prostitution. As applied to an animal, a bad habit or failing. In the civil law, redhibitory vices are such faults or imperfections in the subject matter of a sale as will …   Black's law dictionary

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