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Philippine Bar review · Question

Practice question: Remedies of the Parties

Multiple Choice Medium Jurisprudence

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?
  1. Yes, all remedies require return
  2. Yes, acceptance always waives warranty
  3. Yes, unless the seller is a corporation
  4. Only the executor may choose
  5. 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.