Roxanne Jamile C. Figueroa ID No.: 16-10159 BSA-4 !D"#$ 1 1. D$FINI%I!NS: De&ine or gi'e ()e meaning o& ()e &ollo*ing: 1. Con( Con(ra+( ra+( o& ,al ,ale e - on one e of the con contra tracti cting ng pa parti rties es ob oblig ligate ates s him himsel selff to tra trans nsfe ferr th the e ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent 2. Na(ural elemen(, elemen(, - those which are deemed to exist in the contract unless excluded 3. Sale /e,+ri(ion /e,+ri(ion - the seller sells things of being of a certain kind, the buyer relying on the sel seller lers s rep repres resen entat tation ions s or de descr script iption ions. s. !h !he e go good ods s de deliv livere ered d mu must st co corre rrespo spond nd wi with th the description" otherwise, the contract can be rescinded. #owever, if the goods delivered tally with the description even if the intention of the buyer is not fitted, the contract cannot be rescinded. $. Fungile goo/, goo/, - are personal property which may be replaced with equivalent things. %f the goods are fungibles and are to be counted, weighed, or measured, the counting, weighing, or measuring is a suspensiv suspensive e condition, and before fulfillment, no obligation exists. !herefore, !herefore, the loss is not imputable to the vendee. &ut if the goods have already been placed at the disposal of the vendee, and they are of a nature that are generally received and counted, measured or weighed, if subsequ sub sequentl ently y they were lost by fort fortuito uitous us eve event nt befo before re the they y are actu actually ally counted, counted, weig weighed hed or measured, the loss must be borne by the vendee '. Con/i(ional goo/, - the sale is sub(ect to a contingent event. )xample, sale with a right to repurchase" sale of things having a potential existence" sale of future harvest of a designated parcel of land" or sale of a residential house, except the *furniture inside*. . DISC"SS: 1. Di,(ingui,) earne,( mone &rom o(ion mone. a. )arnest money is given only when a contract is perfected" while option money is given to bind the offer in a unilateral promise to sell or to buy. b. )arnest money is part of the purchase price" while option money is separate and distinct from the purchase price. c. %f the sale is consummated, the money given as earnest is deductible on the purchase price" while option money is not deductible on the purchase price. 2. 2)a( reme/ie, are a'ailale (o a 'en/or in ,ale o& er,onal roer( in in,(allmen(,3 a. )xact fulfillment of the obligation, should the vendee fail to pay" b. +ancel the sale, should the vendees failure to pay cover two or more installments" c. oreclose the chattel mortgage or the thing sold, if one has been constituted, should the vendees failure to pay cover two or more installments. %n this case, he shall have no further action against, the purchaser to recover any unpaid balance of the price. ny agreement to the contrary shall be void. I, ()e 'en/or allo*e/ (o re+o'er ()e unai/ alan+e o& ()e ri+e3 !he !he vendo vendorr is allow allowed ed to recov recover er the unpaid unpaid balan balance ce of the the purch purchas ase e price price when when he exercises his rights. !he remedy of specific performance, remedy of cancellation and remedy of foreclosure.
3. i'e ()e +)ara+(eri,(i+, o& a +on(ra+( o& ,ale. $xlain a( lea,( ()ree o& ()em. a. Con,en,ual because it is perfected by mere consent. nlike in real contracts /pledge or deposit0 their perfection is upon delivery. utual consent being a state of mind, its existence may only be inferred from the confluence of two acts of the parties an offer certain as to the ob(ect of the contract and its consideration, and an acceptance of the offer which is absolute in that it refers to the exact ob(ect and consideration embodied in said offer. hile it is impossible to expect the acceptance to echo every nuance of the offer, it is imperative that it assents to those points in the offer which, under the operative facts of each contract, are not only material but motivating as well. nything short of that level of mutuality produces not a contract but a mere counter-offer awaiting acceptance. ore particularly on the matter of the consideration of the contract, the offer and its acceptance must be unanimous both on the rate of the payment and on its term. n acceptance of an offer which agrees to the rate but varies the term is ineffective. b. Bila(eral an/ re+iro+al because both parties are bound by obligation dependent upon each other. contract of sale is a reciprocal obligation - the seller obligates itself to transfer the ownership of and deliver a determinate thing, and the buyer obligates itself to pay therefore a price certain in its equivalent. c. Commu(a(i'e because the values exchanged are almost equivalent to each other. d. rin+ial because it does not depend upon the existence of other contracts. e. !nerou, because valuable consideration is given. f. Nomina(e because there is a name provided for in the +ivil +ode. $. "n/er ()e S(a(u(e o& Frau/, *)a( +on(ra+( o& ,ale mu,( e in *ri(ing (o e en&or+eale +our( a+(ion3 4tatute of rauds and of any other applicable statute, a contract of sale may be made in writing, or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties. '. i'e a( lea,( ()ree 78 /i,(in+(ion, e(*een a +on(ra+( o& ,ale an/ a +on(ra+( o& agen+3 a. %n sale, the buyer becomes the owner upon delivery" while in agency to sell, ownership is retained by the owner even if the goods are delivered to the agent. b. %n sale, the buyer pays the price directly to the owner" while in agency to sell the buyer pays the agent who transmits the money to his principal. c. %n sale, the seller warrants the ob(ect of the sale" while in agency to sell, the agent is not personally liable as long as he acts within the scope of his authority and in the name of the principal. 8. R!B#$S: )xplain the applicable rule or reason for your answer. 1. S ,ol/ (o B +er(ain goo/,. A( ()e (ime o& ()e ,ale C i, no( ()e o*ner o& ()e goo/,. a ()ere e a 'ali/ ,ale (o B3 5es, because %n rt. 1$'6, it was stated there that the things or goods must be within the commerce of men, which means in concerning about the ob(ect or sub(ect matter, aside from being determinate, the law requires that it must be licit or lawful, i.e. it should not be
contrary to law, morals, good customs, public order or public policy and should not be impossible. !herefore, there is a valid sale to & as long as 4 acted in good faith and must be able to transfer ownership where the thing is lawful. %t is a well-known principle of law that nobody can disposed of that thing that which he does not have. . Same examle. %)e onl rolem no* i, ()a( ()e goo/, ,ol/ )a'e no( e( een i/en(i&ie/ a( ()e (ime o& ()e +on(ra+(3 a ()ere ,(ill e a 'ali/ ,ale (o B3 5es, there is a valid sale to & if it is identified at the time of delivery. %n rticle 1$78, a thing is determinate when it is particularly designated or physically segregated from all others of the same class. !he requisite that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate without the necessity of a new or further agreement between the parties. 8. %)e roer( ,ol/ S i, or(ion o& a ar+el lan/ *i()ou( in/i+a(ing ()e ,e+i&i+ or(ion ()ereo&. a ()ere e a 'ali/ ,ale (o B3 5es, there is a valid sale to & because 4 as a co-owner of a portion of parcel of land, can dispose of his share even without the consent of the co-owner9s. !he effect of the alienation shall be limited to the portion which may be allotted to the vendor in the division of the property upon termination of the co-ownership. %n rticle 1$73, the sole owner of a thing may sell an undivided interest therein. 4. Same examle. %)e onl rolem no* i, ()a( S an/ B )a'e no( agree/ uon a /e&ini(e ri+e a( ()e (ime o& ,ale. a ()ere ,(ill e a 'ali/ +on(ra+( o& ,ale e(*een ()em. 5es, rticle 1$76 explains, in order that the price may be considered certain, it shall be sufficient that it be so with reference to another thing certain or that the determination thereof be left to the (udgment of a specified person or persons. 4hould such person or persons be unable or unwilling to fix it, the contract shall be inefficacious, unless the parties subsequently agree upon the price. %f the third person or persons acted in bad faith or by mistake, the courts may fix the price. here such third person or persons are prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed the seller or the buyer, as the case may be. 5. Same examle. %)e onl rolem in ()e +a,e i, ()a( ()e ri+e *a, &ixe/ onl S. I, ()e ,ale 'ali/3 %t depends, in rticle 1$:3" the fixing of the price cannot be left to the discretion of one of the parties because the law requires consent of both parties on the price. #owever, if the price fixed by one of the parties is accepted by the other, the sale is perfected because there is a meeting of the minds of the parties on the price.
!D"#$ I. D$FINI%I!NS ;efine or give the meaning of the following 1. Ne+e,,arie, - is everything indispensable for sustenance, dwelling, clothing, medical attendance, and educational expenses. 2. Comromi,e- an agreement between opposing parties to settle a dispute or reach a settlement in which each gives some ground, rather than continue the dispute or go to trial.
II. DISC"SSI!NS 1. Are )u,an/ an/ *i&e allo*e/ (o ,ell roer( (o ea+) o()er3 %n rticle 1$68, the husband and the wife cannot sell property to each other, except when a separation of property was agreed upon in the marriage settlements and when there has been a (udicial separation of property under rticle 161. !he reasons for prohibition are the following a. !o prevent abuse of the influence of one spouse over the other. b. !o avoid donations, in the guise of sale, from one spouse to the other. c. !o protect third persons, especially creditors, against fraud due to the transfer of property from one spouse to the other. 2. "n/er ()e la* *)o ma en(er in(o a +on(ra+( o& ,ale3 s a rule, only persons who may oblige themselves may enter into a contract of sale. #ence, incapacitated persons /like minors, demented persons, imbeciles, prodigals, deaf and dumb, insane, and those sub(ect to +ivil interdiction0 cannot enter into a contract because their personality is restricted. #owever, when necessaries are sold and delivered to a minor or incapacitated person, the latter is obliged to pay reasonable price. >ecessaries is everything indispensable for sustenance, dwelling, clothing, medical attendance, and educational expenses. III. R!B#$S )xplain or state briefly the rule or reason for your answer. 1. B minor oug)( a air o& imor(e/ ,)oe, *or() 8000.00 &rom a /ear(men( ,(ore. Can F &a()er +an+el ()e ,ale on ()e groun/ o& minori( o& B3 %t depends, rticle 1$?6, second paragraph entails that contracts entered into by a minor and other incapacitated persons /e.g., insane or demented persons, deaf-mutes who do not know how to write0 are voidable. #owever, where necessaries are sold and delivered to him /without the intervention of the parent or guardian0, he must pay reasonable price therefore.. . an/ 2 are )u,an/ an/ *i&e. A&(er ,elling )i, roer( (o 2 orro*e/ a large amoun( o& mone &rom C. I( aear, ()a( i, no* an;ru(. a, C ()e rig)( (o o, because certain transfers between husband and wife are prohibited under the rticle 1$68, such prohibition can be taken advantage of only by persons who bear such relation to the parties making the transfer or to the property itself that such transfer interferes with their rights or interests. !hus, the heirs of either spouse, as well as creditors at the time of the transfer, can attack the validity of the sale but not creditors /like +0 who became such only after the transaction. %n addition, the government can question the validity or legitimacy of sales sub(ect to tax between husband and wife whenever necessary to prevent tax evasion.
!D"#$ 8 I. D$FINI%I!NS ;efine or give the meaning of the following 1. Se+i&i+ goo/, @ individually and specifically identified and agreed to items bought and sold under contract of sale 2. Di'i,ile +on(ra+( @ a type of contract in which each party=s obligation are independent of those of the other, and each party can demand performance from the other without performing its own part. II. DISC"SSI!N 1. 2)en i, a ()ing +on,i/ere/ lo,(3 thing is lost when it perishes or goes out of commerce or disappears in such a way that its existence is unknown or it cannot be recovered. 2. i'e ()e e&&e+( in +a,e ()e ()ing ,ol/ i, a. #o,( (o(all hen the thing sold is entirely lost at the time the contract is perfected, the contract of sale is ineffective or inexistent because one of the essential elements of the contract is absent, that is, the ob(ect of the contract. %n such case, there is no need of an action to annul the contract because annulment is a remedy for voidable contracts, while in this case, the contract is void or inexistent. #owever, if the thing is lost due to the fault of the seller as he knew already of the lost before the contract was perfected, he must pay damages to the buyer. . #o,( ar(iall !he vendee may choose between a. Aescission, or b. ;emanding the remaining part, paying its price in proportion to the total sum agreed upon. &e it noted, even when the loss is only of an insignificant part, the provision of the second paragraph of this article apply because the law makes no distinction. III. R!B#$S )xplain or state briefly the rule or reason for your answer. 1. S ,ol/ (o B 100 ag, o& ,ugar a( >0.000 er ag &or a (o(al ri+e o& >0000. S *a, ale (o /eli'er onl 9? ag, e+au,e ()e (*o 7 ag, *ere ,(olen *i()ou( ()e &aul( o& S. a, S ()e rig)( (o in,i,( ()a( B a &or ()e 9? ag, ,in+e ()ere *a, no &aul( in )i, ar( an/ onl (*o 7 ag, a rea la+;ing3 2)a( rig)(, i& an are gi'en la* (o B. >o, & may, at his option, withdraw from the contract without the obligation to pay for the sugar or get the remaining 6? bags of sugar binding him to pay the agreed price thereof which is B7,?78.88 /rticle 1$6$0 . Same examle. %)e ri+e *a, &ixe/ a( >0000.00 &or ()e *)ole lo( irre,e+(i'e o& ()e numer o& ag, *)i+) )aen, (o e al,o 100 ag,. 2ill our an,*er e ()e ,ame3 5es
