A seller posted an online advertisement for a “4-volume set of Tolentino’s Commentaries and Jurisprudence on the Civil Code of the Philippines, 100 pesos only.” A Bar candidate excitedly ordered it and paid through GCash. However, when the set was delivered, tears started to well in the Bar candidate’s eyes. Much to the Bar candidate’s bewilderment, the author was not Arturo Tolentino, the legal luminary as the candidate was made to expect, but Lorna Tolentino, the noted actor. The Bar candidate believes that the contract of sale should be rescinded and that damages are also proper. Is the Bar candidate’s position legally sound? Explain briefly.
Suggested answer only. Not an official answer and not legal advice.
No, the Bar candidate's position is not legally sound. Under Article 1191 in relation to Article 1381 of the Civil Code, rescission applies either upon substantial breach of a reciprocal obligation or under grounds specifically provided by law
Unlock the full Civil Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Article 1191 of the Civil Code, when is rescission of a reciprocal obligation proper?
Article 1191 allows rescission only upon a substantial breach that defeats the main purpose of the contract.
Under Article 1331 of the Civil Code, what requirement must a mistake satisfy to invalidate contractual consent?
Article 1331 requires that the mistake refer to the substance of the thing or principal conditions moving the consent.
Why was the seller not guilty of breach of contract in delivering Lorna Tolentino's book set?
The seller committed no breach because it delivered the exact item described in the online advertisement.
Under Article 1170 of the Civil Code, what is required to sustain a claim for damages in contracts?
Choices available with full access.
Why was the Bar candidate's demand for rescission and damages legally untenable?
Choices available with full access.
Learn more about these topics
1. Rescission Grounds
Under Article 1191 in relation to Article 1381 of the Civil Code, rescission of a contract is a subsidiary or principal remedy available only upon a substantial breach of a reciprocal obligation or under specific statutory grounds involving economic lesion or fraud. Rescission is not a proper remedy for a party seeking relief from their own unilateral mistake or erroneous assumption regarding the identity or authorship of the object sold, provided no fraudulent misrepresentation was committed by the seller.
2. Unilateral Mistake Effect
Under Article 1331 of the Civil Code, in order that mistake may invalidate consent, it should refer to the substance of the thing which is the object of the contract or to those conditions which have principally moved one or both parties to enter into the contract. A simple mistaken assumption by the buyer regarding the identity of the author, made without any deceptive advertisement or misrepresentation on the part of the seller, does not constitute fraud nor does it automatically entitle the buyer to rescind the contract.
3. Breach of Contract
Under Philippine contract law, an action for damages requires proof of a breach of obligation or bad faith under Article 1170 of the Civil Code. Where a seller delivers the exact item advertised and described in the contract of sale, the seller performs its obligation in full. In the absence of breach, fraud, negligence, or delay on the part of the seller, no legal basis exists to hold the seller liable for damages suffered by the buyer.