Practice question
A seller must deliver a specified generator with its installed integral control panel, an accessory, but the contract does not separately mention the panel. No exclusion is stipulated. May the seller withhold it solely because it was not separately listed?
- No; Article1166 includes accessories even if unmentioned
- Yes; silence always excludes every accessory
- Yes; accessories can never accompany determinate things
- Yes; only registered accessories must be delivered
- Yes; the buyer must first buy it again
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1165–1166,1172,1191–1192.
- Ong v Bogñalbal GR149140 September12,2006 MAIN: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/42229 Article1192 equitable tempering.
- Goldloop Properties v GSIS GR171076 August1,2012 MAIN: https://lawphil.net/judjuris/juri2012/aug2012/gr_171076_2012.html Article1192 uncertain first breach.
Answer this question in flashcards to review your response and continue practicing.