Rescission of Sale for Latent Defect: Commencement of Prescriptive Period

A party appealed a judgment ordering the rescission of a sale due to an undisclosed defect in the item sold, arguing that the rescission claim was time-barred because the prescriptive period began running from the date of the sale rather than the date the defect was discovered. The court rejected this appeal, reasoning that in cases of latent defects that prevent the use of the item for its intended purpose, the prescriptive period for an action in rescission only begins to run from the day the defect was discovered by the purchaser, as the defect could not be known prior to that date.