(13) Sale Flashcards
This contract must reflect the consent of the parties, contain an accurate description of the tract of land, and stipulate the price in money.
The contract of sale
Sale is a contract whereby..
A person transfers ownership of a thing to another for a price and money.
What three things are requirements for the perfection of a sale?
The thing
the price
consent of the parties
A contract given a name or special designation is considered….?
A nominate contract
A contract in which the obligor and the obligee have rights and obligations specifically prescribed by law…
A nominate contract
What y’all going into conduct the obligor and the obligee and whatever pertains to the obligation?
Good faith
Kenny fully emancipated minor enter into a contract of sale?
Yes and emancipated minor has full contractual capacity.
An acquire of a corporeal movable is in good faith for purposes of sale unless…
He knows, or should have known, that the transferor was not the owner
In reference to sale who is presumed to be the owner of a corporeal movable?
The possessor
When at the time of the sale the seller is not in possession of the thing sold he must….
Obtain a possession at his cost and deliver the thing to the buyer
True or false? Anything sold must be reasonably fit for its ordinary use.
True.
Where the contract of sale is not subject to provisions of the blank, it is governed by the bl ank on blank.
where the contract of sale is not subject to provisions of the civil code title on sale, it is governed by the code titles on obligations and contracts.
What controls the transfer of title to motor vehicles in Louisiana?
The vehicle certificate of title law.
A sale of a movable DOES/DOES NOT require a written contract to have effect between the parties; oral sales of movables ARE/ARE NOT valid and legally recognized?
Does not
Are
Even they’re not required, sales of movables are commonly reduced to writing to provide evidence of the contract of sale, and the notary is frequently asked to prepare and execute the sale instrument.
Where registry is involved, what is required?
A written act of sale
True or false? The finality required in a written instrument for the sale of movables is less than that for movables.
This is true
A proper written act of conveyance of a movable, is usually referred to as….
What does it include?
A bill of sale
a parents of the parties, expression of their consent of the sale and purchase, a description of the thing being sold and purchased sufficient to distinctly identify it to third persons, and the price stuff
A sale or promise of a sale of a minute of an immovable must be made by blank or by blank except as provided in article 1839.
Authentic act
Act under private signature
The following are provided in what article?
A transfer of a movable property must be made by authentic act, or act under private signature.
An oral transfer is valid between the parties when the property has been actually delivered and the transfer recognizes the transfer when interrogated on oath.
an instrument involving a movable property shall have a fact against third persons only from the time it is filed for registry in the parish where the property is located.
Article 1839.
Can a person purchase a thing he already owns?
No, but the owner may purchase the rights of a person who has, or may have an adverse claim to the thing
If property is susceptible of ownership, even things to be acquired in the future, maybe sold in less prohibited by law. True or false?
This is true, all things corporeal are incorporeal, susceptible of ownership, may be the object of a contract of sale.
True or false? In reference to the sale of future things, a party who, through his fault, prevents the coming into existence of the thing to be sold is not liable for damages.
False he would be liable for damages.
Can the succession of a living person be the object of a contract in any case? If so can a succession be renounced?
The succession of a living person may not be the object of a contract other than an anti-nuptial agreement. Such a succession may not be renounced
Can a hope be the object of a contract of sale?
If so, give an example. If not, why not?
Yes I hope maybe the object of a contract of a sale.
A fisherman may sell a haul of his net before he throws it and in that case the buyer is entitled to whatever is caught in the net according to the party’s expectations and even if nothing is caught the sale is valid.
Can you sell something that belongs to another person? If so does the transfer of possession from the seller to the buyer transfer ownership?
No and no, But it may constitute just title for purposes of acquisitive prescription.
In general, when is ownership transferred between the parties in reference to a sale?
As soon as there is an agreement and the price is fixed, even though the thing sold is not yet delivered nor paid.
True or false in order to transfer ownership the thing being sold must be paid for.
False, the price must be set and there must be an agreement to purchase the thing between the buyer and the seller.
Does an expression of acceptance of an offer to sell a movable thing suffice to form a contract of sale if there is agreement on the thing and the price, even though the acceptance contains terms additional to, or different from the terms of the offer.
Yes it does, unless acceptance is made conditional on the offeeror’s acceptance of the additional or different terms.
As to third persons, the sale of a movable transfers ownership when…
What about immovables?
movable -
The seller delivers the thing to the buyer.
Immovable-
ownership transfers as a third person’s upon recordation of the act of sale and the conveyance records of the parish where the property is located
When is ownership in the case of an unspecified or non-individualized thing transferred? Give an example.
Until the things are individualized. For example where a grocery agrees to sell an apple out of a bushel of apples, ownership is not transferred until the apple is actually selected from the bushel.
When the object of a sale is a thing that must be individualized from a mass of things of the same kind, ownership is transferred when…..
The thing is individualized or chosen
A sale of items in a lump is completed when the parties….
Agree on the price
The sale of a thing INCLUDES/DOES NOT INCLUDE all accessories intended for its use in accordance with the law of property.
Includes
An essential element of the contract of sale fixed by the parties in a sum either certain or determinable through a method agreed by them.
Price
True or false? There is no sale unless the party’s intended that a price be paid.
This is true
If the parties fail to agree on or appoint a third person to determine the price of a thing, or the one appointed is unable or unwilling to make the determination, the price is determined by…
the court
Who is responsible for the expenses incidental to the sale
The buyer
