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Philippine Bar review · Question

Practice question: Effects of Loss of Thing Sold

Multiple Choice Hard

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?
  1. The buyer must pay P500,000 for all ten despite the partial existing loss
  2. The buyer may take the six intact machines for the agreed P300,000 attributable to them
  3. The buyer automatically gets the six free
  4. The buyer must accept four unrelated replacements at any price
  5. 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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