Text of the provision
Art. 1564. An implied warranty or condition as to the quality or fitness for a particular purpose may be annexed by the usage of trade.
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Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
An implied warranty of quality or fitness may be annexed by the usage of trade.
Not every warranty in a contract of sale needs to be spelled out in writing. This article recognizes that an implied warranty of quality or fitness for a particular purpose can also arise from the established usage of a particular trade — that is, the customary practices and expectations that buyers and sellers in a given industry have come to rely on. Where such a custom is shown to exist, it becomes part of the parties' agreement even though neither side stated it expressly.
Questions about this provision
- Can the usage of trade add an implied warranty even if my contract is silent about it?
- Our industry has a custom that a certain product must meet a quality standard not stated in the contract. Does that custom create a warranty?
Related provisions
- Article 1563 — Sale Under a Trade Name.
- Article 1565 — Warranty in a Sale by Sample.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.