Text of the provision
Art. 1565. In the case of a contract of sale by sample, if the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
(n)
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
In a sale by sample by a dealer, there is an implied warranty that the goods are free from defects rendering them unmerchantable that would not be apparent on reasonable examination of the sample.
Related provisions
- Article 1564 — Warranty by Usage of Trade.
- Article 1566 — Vendor Liable Though Unaware.
Cases citing this article
- Teresita B. Mendoza vs. Beth David, G.R. No. 147575, October 22, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.