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ANSWER:
The delay in the advice or notice of rejection — almost two months after receipt — was
rather too late.
Art. 1584 accords the buyer the right to a reasonable opportunity to examine the
goods to ascertain whether they are in conformity with the contract. Such
opportunity to examine, however, should be availed of within a reasonable time in
order that the seller may not be subjected to undue delay or prejudice in the payment
of his raw materials, workers and other damages which may be incurred due to the
deterioration of his products. The buyer is deemed to have accepted the goods when,
after the lapse of a reasonable time he retains them without intimating to the seller
that he has rejected them.
2. When buyer deemed to have accepted the goods
PROBLEM: Buyer accepted goods despite delay. Buyer also promised later on to pay.
Subsequently, buyer asked for damages on account of the delay. Will the action prosper?
ANSWER:
Buyer is estopped because of the acceptance without reservation at the time of acceptance.
Art. 1585. The buyer is deemed to have accepted the goods when he intimates to the
seller that he has accepted them, or when the goods have been delivered to him, and
he does any act in relation to them which is inconsistent with the ownership of the
seller, or when, after the lapse of a reasonable time, he retains the goods without
intimating to the seller that he has rejected them.
The Article gives three ways of accepting the goods:
(a) express acceptance
(b) when buyer does an act which only an owner can do
(c) failure to return after reasonable lapse of time
3. The buyer may suspend the payment of the price (Art. 1590)
PROBLEM: S sold and delivered to B a parcel of land for P2,000,000 payable within 30
days from the date of the contract. Soon after the sale, X claims ownership over the land
by virtue of a prescriptive title. May B suspend the payment of price? Why? If, in order to
avoid trouble, B pays off X to settle the latter’s claim to the land, may B recover the amount
paid as against S upon S’s warranty in case of eviction? Reason.
ANSWER:
Yes, B may suspend the payment of the price because of a reasonable fear that an accion
reivindicatoria will be brought against him. It is not necessary that the vindicatory action has
already been brought: reasonable fear thereof is suffi cient. (10 Manresa 274-276, 280-