Civil Law, 2011 Bar — Question 58

MULTIPLE CHOICE

X sold Y 100 sacks of rice that Y was to pick up from X's rice mill on a particular date. Y did not, however, appear on the agreed date to take delivery of the rice. After one week, X automatically rescinded the sale without notarial notice to Y. Is the rescission valid? A) Yes, automatic rescission is allowed since, having the character of movables and consumables, rice can easily deteriorate. B) No, the buyer is entitled to a customary 30-day extension of his obligation to take delivery of the goods. C) No, since there was no express agreement regarding automatic rescission. D) No, the seller should first determine that Y was not justified in failing to appear.

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