This case has been cited 1 times or more.
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2003-12-11 |
PANGANIBAN, J. |
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| In a contract of sale, the remedy of an unpaid seller is either specific performance or rescission.[10] Under Article 1191 of the Civil Code, the right to rescind an obligation is predicated on the violation of the reciprocity between parties, brought about by a breach of faith by one of them.[11] Rescission, however, is allowed only where the breach is substantial and fundamental to the fulfillment of the obligation.[12] | |||||