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Philippine Bar review · Question

Practice question: Remedies of the Parties

Multiple Choice Hard Jurisprudence

Practice question

A buyer seeking rescission for warranty breach promptly offers to return the goods. Their deterioration resulted from the very warranty defect, rather than the buyer’s misconduct. The seller says any deterioration automatically bars rescission. Which is correct?
  1. Any deterioration always bars it
  2. Article 1599 expressly preserves return or offered return and rescission where deterioration or injury is due to the warranty breach
  3. The buyer automatically owns the seller’s shop
  4. The buyer need never establish any other rescission requirement
  5. The defect automatically becomes the buyer’s fault

Legal references

  • Civil Code, Article 1599: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

Answer this question in flashcards to review your response and continue practicing.