Practice question
Specific goods had already materially deteriorated so that their character was substantially changed, without the seller knowing, when the parties purported to sell them. Under Article 1494, may the buyer elect to treat the sale as avoided?
- Yes, that is a statutory election in the stated circumstances
- No, the buyer must always take the changed goods
- Only the seller may invoke any election
- Yes, but only if the buyer pays twice the price
- No, because deterioration is always irrelevant
Legal references
- Civil Code Articles 1493–1494 and 1504: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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