Covenants - Obligations of Buyer Flashcards
Who bears the expenses for the execution and registration of the sale?
Art. 1487. The expenses for the execution and registration of the sale shall be borne by the vendor, unless there is a stipulation to the contrary.
Where are the goods delivered?
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. Apart from any such contract, express or implied or usage of trade to the contrary, the place of delivery is the seller’s place of business if he has one, and if not his residence; but in case of a contract 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.
What is the period allotted to the seller to deliver the goods?
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 a reasonable time.
When will the goods be deemed delivered if at the time of sale, they are in the possession of third persons?
Art. 1521. par. 3. Where the goods at the time of 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.
Art. 1521. par. 4. Demand or tender of delivery may be treated as ineffectual unless […]. What is a […] is a question of fact.
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.
Art. 1521. par. 5. Unless […], the expenses of an incidental to putting the goods into a deliverable state must be borne by […].
Art. 1521. par. 5. Unless otherwise agreed, the expenses of an incidental to putting the goods into a deliverable state must be borne by the seller.
Art. 1582. The vendee is bound […] and […] at […].
If the time and place should not have been stipulated, the payment […].
Art. 1582. The vendee is bound to accept delivery and to pay the price of the thing sold at the time and place stipulated in the contract.
If the time and place should not have been stipulated, the payment must be made at the time and place of the delivery of the thing sold.
May the buyer of the goods be bound to accept delivery of the things by installments?
Art. 1583. par. 1. Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments.
What is the effect when the seller makes defective deliveries with respect to one or more installments in a contract of sale of goods to be delivered by stated installments? or if the buyer refuses to take the delivery or pay for one or more installments without just cause?
Art. 1583. par. 2. Where there is a contract of sale of goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more installments, or the buyer neglects or refuses without just cause to take delivery of or pay for one or more installments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken.
Does the buyer have the right to examine the goods upon delivery?
Art. 1584. par. 1. Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract if there is no stipulation to the contrary.
Is the seller obliged to give the buyer time to examine the goods?
Yes. Art. 1584. par. 2. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
If the goods are delivered to a carrier and they are marked “collect on delivery,” can the buyer examine the goods even without paying for the price yet?
No. The buyer has to pay the price first. Art. 1584. par. 2. Where goods are delivered to a carrier by the seller, in accordance with an order from or agreement with the buyer, upon the terms that the goods shall not be delivered by the carrier to the buyer until he has paid the price, whether such terms are indicated by marking the goods with the words “collect on delivery,” or otherwise, the buyer is not entitled to examine the goods before the payment of the price, in the absence of agreement or usage of trade permitting such examination.
When are the goods formally accepted by the buyer?
Art. 1585. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.
Is the seller discharged of all liability once the buyer accepts the goods?
No. Art. 1586. In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract of sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach in any promise of warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor.
If the buyer, who has the right to refuse the goods upon delivery, is he obliged to return the goods to the seller if he refuses to accept them?
Art. 1587. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept them. If he voluntarily constitutes himself a depository thereof, he shall be liable as such.
