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re: Need opinions about Diamond Jewelry

Posted on 3/28/14 at 3:27 pm to
Posted by GaryMyMan
Shreveport
Member since May 2007
13498 posts
Posted on 3/28/14 at 3:27 pm to
quote:

Should the jeweler be responsible for replacing the band or should she be responsible for paying for a new one?

Redhibition is the legal action that covers warrantying the sale of a movable. Read more about Redhibition here. Generally, a redhibitory defect has to exist at the time of sale.**

**Not legal advice
This post was edited on 3/28/14 at 3:36 pm
Posted by TigerWave22
Prairieville
Member since May 2012
180 posts
Posted on 3/28/14 at 3:53 pm to
A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale.

A defect is redhibitory also when, without rendering the thing totally useless, it diminishes its usefulness or its value so that it must be presumed that a buyer would still have bought it but for a lesser price. The existence of such a defect limits the right of a buyer to a reduction of the price. [Acts 1993, No. 841, §1, eff. Jan. 1, 1995]


I think this may be useful... Thanks for the advice, very much appreciated. I'm pretty sure she has her mind made up on getting a new setting, just hoping for help from the seller...
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