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Philippine Bar review · Question

Practice question: Obligations of the Vendor and of the Vendee

Multiple Choice Medium

Practice question

Seller contracts for 100 identical units and delivers 120. Buyer properly accepts 100 and rejects 20 under 1522; no contrary term applies. Must buyer buy the excess solely because it was shipped?
  1. Every shipped unit must automatically be bought.
  2. The seller may rewrite quantity after dispatch.
  3. The buyer must reject all even when divisible.
  4. No; the statutory contracted-quantity option applies.
  5. Only the carton’s color determines payment.

Legal references

  • Civil Code Articles1306,1475,1482,1490-1492,1504,1522-1523 and1589-1590: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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