Practice question
A divisible sale identifies ten particular machines at an agreed P50,000 for each. Before the sale and without the seller's knowledge, four have perished; the remaining six are intact. The buyer elects the Article 1494 route of taking all the intact goods rather than avoiding the sale. What result follows on these stated terms?
- The buyer must pay P500,000 for all ten despite the partial existing loss
- The buyer may take the six intact machines for the agreed P300,000 attributable to them
- The buyer automatically gets the six free
- The buyer must accept four unrelated replacements at any price
- The seller alone can erase the buyer's statutory election
Legal references
- Civil Code Articles 1493–1494 and 1504: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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