Practice question
A seller breaches a warranty. The buyer lawfully elects to keep the goods and sue for warranty damages rather than rescind. Is retention necessarily inconsistent with every remedy?
- Yes, all remedies require return
- Yes, acceptance always waives warranty
- Yes, unless the seller is a corporation
- Only the executor may choose
- No, Article 1599 expressly recognizes keeping goods and claiming the specified damages
Legal references
- Civil Code, Article 1599(2): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
Answer this question in flashcards to review your response and continue practicing.