Mistake A

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(a) The substance of the thing which is the object of the

contract;(Article 1333, par. 1)

Example A:
-B wanted to buy a female pig for breeding in his piggery
business.
-All his female pigs were already old and barren.
-S agreed to sell to B his female pig which was known to give
birth to at least 8 piglets every time.
-After S delivered the pig and B paid the purchase price for it,
-B brought the pig to the veterinarian for check-up.
-The veterinarian, however, informed B that the pig was already
barren.
-At the time of the sale, S did not know that the pig was already
barren as it had just given birth to 9 healthy piglets 3
months ago.

Question: May B file an action for annulment of the contract of


sale because of mistake?

Answer: YES.

Error or mistake

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