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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

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?

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Any deterioration always bars it Article 1599 expressly preserves return or offered return and rescission where deterioration or injury is due to the warranty breach The defect automatically becomes the buyer’s fault The buyer automatically owns the seller’s shop

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