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The rule is only applicable ----
* when the vendee is deprived of a part of the thing sold is such part is of such importance to the whole that he would not have bought the thing without said part.
*When two or more things are jointly sold whether for a lump sum or for separate price for each, and the vendee would not have purchased one without the other.
In case the vendee is totally evicted from the thing sold, he cannot avail of the remedy of rescission , because this remedy contemplates that the one demanding it is able to return whatever he has received under the contract.
I now pronounce that the vendor is liable to: *Return of value of thing *Income or fruits of thing *The cost of the suit *The expenses of the contract *The damages and the interests, and ornamental expenses, if the sale is made in bad faith
In case of eviction, and eviction should take place
Should the vendee have made the waiver with knowledge of the risks of eviction and assumed its consequences, the vendor shall not be liable.
I have the right to warranty
I shall only pay the value which the thing sold had at the time of eviction.
In case of partial eviction, the vendee have the option either to: * enforce the vendor's liability for eviction * or to demand rescission of the contract
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