Civil Law, 2020 Bar — Question XII
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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 The Bar candidate believes that the contract of sale should be rescinded and that damages are also proper.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.
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