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Redhibition

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In civil law

The returning of a thing purchased to the seller, on the ground of some defect or fraud. Calv. Lex. The avoidance of 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 that the buyer would not have purchased it had he known of the vice. Civ. Code La. art.

2496.

This is essentially a civil-law right. The effect of the rule expressed by the maxim caveat emptor is to prevent any such right at common law, except in cases of express warranty.

2 Kent, Comm. 374; Sugd. Vend. 222.