Actual Delivery of the Goods Flashcards
Must the seller send the goods, everytime? (Art. 1521)
Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties.
If there is no agreement as to the place of delivery, where should it be? (Art. 1521)
Apart from any such contract, express or implied:
(a) usage of trade (usual trade practice);
(b) the place of delivery is the seller’s place of business if he has one;
(c) and if not his residence;
(d) but in case of sale of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery.
Time of delivery? (Art. 1521, par. 2)
Where by a contract of sale the seller is bound to send the goods to the buyer, BUT no time for sending them is fixed, the seller is bound to send them within REASONABLE TIME.
What if it was sent to a third person? (Art. 1521, par. 3)
Where the goods at the time of the sale are in the possession of a third person, the seller has not fulfilled his obligation to deliver to the buyer UNLESS and until such third person acknowledges to the buyer that he holds the goods on the buyer’s behalf.
What if the delivery was tendered in delay? (Art. 1521 par. 4)
Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact.
Who should borne the expenses for the delivery? (Art. 1521, par. 5)
Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.
When is the vendor NOT bound to deliver the goods? (Art. 1523 and 1536)
The vendor shall not be bound to deliver the thing sold if:
(a) the vendee has not paid him the price; or
(b) no period for the payment has been fixed in the contract; or
(c) the vendee lose the right to make use of the term as provided by Art. 1198.
