redhibitionn.
/rɛd(h)ᵻˈbɪʃn/, U.S. /ˌrɛd(h)əˈbɪʃən/, Scottish English /rɛd(h)ᵻˈbɪʃn/ Civil Law (Scottish and U.S. regional (Louisiana)). Now historical.
The annulment of the sale of an article, etc., and its return to the vendor at the instigation of the buyer; (also) a civil action to compel a vendor to take back goods sold on the grounds of some defect.The word has apparently never been used in English law, though it is used in English legal sources in the contexts of Roman law, Scottish law, civil law, and Louisiana law.
ΚΠ
1656 T. Blount Glossographia (at cited word) Redhibition, restitution of a thing to him that sold it; the causing of one by Law to take that again, which he sold.
1687 in J. Lauder Decisions Lords of Council (1759) I. 462 And that law gives only six months for redhibition.
1728 E. Chambers Cycl. Redhibition, in the Civil Law, an Action in a Court whereby to annul the Sale of some Moveable..upon the Buyer's finding it damag'd, or that there was some personal Cheat, &c.
1890 Amer. Law Reg. 38 21 The action of redhibition (on account of secret defects in things sold) was given by the edict of ædiles.
1963 Yale Law Jrnl. 72 743 Art. 2529 makes redhibition possible even when the seller's declarations were made in good faith.
2001 Jrnl. Interdisciplinary Hist. 31 470 Information provided by slaves could also be important in post-sale disputes under Louisiana's ‘redhibition’ (or implied warranty) laws, when slaves were in poor health or did not possess the skills for which they were advertised.
This entry has been updated (OED Third Edition, September 2009; most recently modified version published online March 2022).
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