UNIQUE NUMBER: 712064
QUESTION 1
1. The purchaser may rely on the actio empti in the following instances:
(a) Defective performance. Where the goods (merx) are delivered without the
good qualities guaranteed by the seller, or with defect, the purchaser may claim
damages based on his or her positive interest and if the goods are seriousely
defective, the purchaser may cancel the contract.