Practice question
The creditor has express choice among three specific things. Before effective selection all are lost through debtor fault; their prices differ. The debtor insists only the last lost price may be selected. Which is correct?
- Apply 1205(3): creditor may select the price of any one, plus the lawful damages.
- The debtor-choice rule always governs despite express creditor choice.
- Only the lowest price can ever apply.
- All fault disappears when three things exist.
- The creditor must accept an unrelated damaged item.
Legal references
- Civil Code Articles1163-1166,1170,1179,1188-1190,1196-1198,1200-1205 and1211-1222: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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