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Obligations of the Vendor Flashcards

1
Q

What are the obligations of the vendor? (5)

A

p. 74

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2
Q

Delivery as used in the Law on Sales refers to the concurrent transfer of two things which are?

A

Possession and ownership

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3
Q

What is the purpose of delivery?

A

p. 74

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4
Q

What right is birthed through delivery?

A

Real right (jus in re)

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5
Q

Does ownership pass through sale or through stipulation?

A

No, only by delivery.

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6
Q

This kind of delivery occurs when the thing is placed in the control and possession of the vendee.

A

Actual or real delivery

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7
Q

What are the exceptions to the general rule that delivery vests ownership? (6)

A

p,. 75

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8
Q

Is payment essential for the transfer of ownership?

A

p. 76

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9
Q

Who are allowed to sell aside from the owner of the thing?

A

p. 77

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10
Q

These are sales for things under custodia legis

A

Judicial sales

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11
Q

The court through the _______ has the judicial authority to sell.

A

Sheriff

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12
Q

This is the delivery by operation of law.

A

Constructive delivery

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13
Q

This is the delivery of rights, credits, or incorporeal property made by execution of public instrument, placing of titles of ownership in the hands of the buyer or allowing buyer to make use of rights.

A

Quasi-tradition

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14
Q

Can execution through a public instrument be negated? How?

A

p. 78

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15
Q

This is a document prepared by a notary public in the presence of the parties who sign it before witnesses.

A

Public instrument

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16
Q

This is a person authorized by a State to administer oaths, certify documents, attest tot he authenticity of signatures, etc.

A

Notary public

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17
Q

Can express agreement or implied intention of the parties negate the transfer of ownership through a public instrument?

A

True the rain

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18
Q

Is there a transfer of ownership in a sale on approval, sale on trial, sale on acceptance, of sale on satisfaction?

A

No. The seller retains ownership over the thing unless and/or until there has been an express or implied acceptance.

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19
Q

Is there a transfer of ownership in sale or return?

A

Yes. The ownership is transferred to the buyer once delivered to her and it will revert back to the seller if returned.

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20
Q

Does sale on approval and sale or return require express stipulation?

A

Yes

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21
Q

If there was actual delivery but no intention of the parties for the thing to be delivered, is there a transfer of ownership?

A

No, intention is crucial. No intention, no tradition.

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22
Q

If the goods are shipped in shipment terms Cost, Insurance, or Freight, when is ownership transferred?

A

Upon delivery of the goods to their final destination.

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23
Q

The general rule is that delivery to carrier is deliver to the buyer. What is the exception?

A

Agreement of the parties to reserve ownership.

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23
Q

A thing shipped under shipment term FOB or Free/Freight on Board, when is ownership transferred?

A

When the goods are delivered at the shipment point.

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24
If the thing is shipped under COD shipping term, when is ownership transferred?
Ownership is transferred upon delivery to the carrier.
25
The general rule is that where the seller is not the owner of the thing, the buyer does not acquire a better title. What are the exceptions? (7)
p. 91
26
What is estoppel?
p. 91
27
What are the 3 kinds of estoppel? Explain
p. 91
28
Co-ownership is a fiduciary relationship. What does it mean?
A fiduciary relationship is a relationship bound by trust and honesty.
29
This is a crime of fraud.
Estafa
30
PD 1612 or the Anti Fencing Law is a malum prohibitum. what does this mean?
The act is not inherently immoral but is illegal as stated by law. Having good faith is not a defense.
31
As a general rule under the Anti Fencing Law, stolen goods may be recovered. What is the exception?
If the sale was made publicly, there has been. valid transfer of ownership, so the original owner should pay the amount the buyer paid to recover the same.
32
If the seller had a voidable title to the thing sold, is there an acquisition of better title by the buyer?
Yes p. 90
33
This is a document used in the sale of goods as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by endorsement or by delivery, goods represented by such document.
Document of title to goods
34
These are chattels personal but not things of action or money of legal tender in the Philippines. It incudes growing fruits or crops.
Goods
35
This is a document that serves as evidence of receipt of goods for shipment issued by common carrier.
Bill of lading
36
This is an interim document issued by a maritime carrier to evidence the delivery of goods at the dock.
Dock warrant
37
This is a warehouse receipt that covers sugar.
Quedan
38
This is a document evidencing title to goods stored with someone else.
Warehouse receipt
39
This is a document of title that actually stands for the goods it covers, so that any transfer of the goods requires a surrender of the document.
Negotiable document of title.
40
If the goods are deliverable to the buyer, the document of title is?
A bearer instrument
41
If the goods are deliverable to the order of a certain person, the document of title is?
An order instrument
42
This is a document of title that merely serves as evidence of the goods it covers.
Non negotiable document of title
43
Can the buyer, who was negotiated a negotiable document of title, acquire ownership over the thing sold even if the seller has no right to sell the thing?
It depends on whether the buyer is a purchaser for value and in good faith.
44
What are the two kinds of negotiation?
p. 94
45
This is the process of transferring ownership of the NDT.
Indorsement
46
Who can negotiate?
The owner of the NDT Any person to whom the possession or custody of the document has been entrusted
47
Where is the place of delivery? GR and XPTN (3)
p. 100
48
What happens if the place of delivery stipulated was not the place where the goods were delivered?
p. 100
49
When is the time of delivery?
p. 100
50
If the goods at the time of the sale are in the possession of a third person, what happens?
The seller may only fulfill his obligation to deliver once the third person acknowledges to the buyer that he holds the goods on the buyer's behalf.
51
Who pays the expenses of putting the goods in a deliverable state?
The seller unless otherwise stipulated.
52
What are the options of the buyer if the goods delivered to her is less than the should be quantity?
She may reject or accept the goods She is to pay the contract rate if the acceptance is with knowledge that the seller is not going to perform the contract. She is to pay the fair value if the buyer has used the goods before she knew that the seller was not going to perform the contract in full.
53
What are the options of the buyer if the seller delivered more than the should be quantity?
p. 102
54
The general rule is that the seller is not bound to deliver if the vendee has not paid the price. What is the exception?
If the time of payment is set.
55
What are the instances where non delivery is justified? (3)
p. 105
56
This is a legal right or interest that a creditor has in another's property, lasting usually until. debt or duty that it secures is settled.
Lien
57
What are the remedies of an unpaid seller? (7)
p. 107
58
This is a lien allowing the creditor to keep possession of the encumbered property until the debt is satisfied.
Possessory lien
59
When is there a special right of resale? (3)
p. 111
60
As a general rule, the seller has the obligation to deliver as well the accessories and accessions of the thing sold in what condition?
In the condition in which they were at the time of perfection.
61
Who is preferred in a double sale of an immovable or real property?
p. 122
62
Who is preferred in a double sale of movable property?
p. 122
63
What does "prius tempore, potior jure" mean?
p. 123
64
What is express warranty?
p. 133
65
What is implied warranty?
p. 136
66
These are statements or representations made by the seller of goods. contemporaneously and as a part of the contract of sale, having reference to the character, quality, or title of the goods, and by which he promises or undertakes to insure that certain facts are or shall be as he then represents.
Warranties
67
What are the requisites of eviction? (5)
p. 154
68
This is the act or process od legally dispossessing a person of land or rental property.
Eviction
69
Is the liability of the vendor for warranty against eviction waivable?
Yes p. 156
70
If the buyer knew of the risk of eviction, is the seller liable for warrant against eviction?
No. p. 156
71
This is the effect of the lapse of time in creating and destroying rights.
Prescription
72
If the property is sold for nonpayment of taxes due and not made known to the vendee before the sale, is the seller liable for eviction?
Yes p. 156
73
This is a debt that is evidenced by a legal judgment or brought about by a successful lawsuit against the debtor.
Judgment debt
74
When can the buyer's waiver of the liability for eviction void?
If the seller is in bad faith
75
Can the parties exempt the seller from warranty against eviction?
No. This stipulation is void and unlawful.
76
What are the kinds of waiver? Explain. (2)
p. 157
77
If there was a stipulation of the parties exempting the seller from warranty against eviction, is the sale valid?
Yes. The stipulation is void but the sale is valid.
78
What is the presumption between waiver consciente and waiver intencionada?
The former
79
What is the seller's liability in total eviction? (VICED)
p. 157
80
Is rescission a remedy in total eviction?
No. p. 158
81
What are the remedies of the buyer in case of partial eviction? (2)
p. 158
82
This is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner.
Servitude
83
What are the remedies where the immovable sold is encumbered with non-apparent burden? (2)
p. 159
84
What is the prescriptive period for bringing an action for damages for burden or servitude?
1 year from the date of discovery
85
What are the requisites of warranty against hidden defects? (6)
p. 161
86
When is a vendor not liable for hidden defects?
p. 162
87
What are the remedies of the buyer in case of hidden defects?
Accion Redhibitoria Accion Quanti Minoris
88
What are accion redhibitoria and accion quanti minoris?
p. 164
89
This is a warranty imposed by law if the seller has reason to know of the buyer;s special purposes for the item that the item is suitable for those purposes.
Warranty of Fitness
90
This is a merchant seller's warranty implied by law that the thing sold is fit for its ordinary purposes.
Warranty of Merchantability
91
What kind of sale is talked about in warrant of merchantability?
Sale by description
92
What is violated when the seller os liable under warranty of merchantability?
The identity of the thing
93
In what instances are implied warranties not applicable?
p. 165
94
What doe caveat emptor mean?
p. 165
95
What does caveat venditor mean?
p. 165
96
What is the prescriptive period for actions arising from implied warranties?
6 months from delivery
97
Is there a warranty against hidden defects for animals sld at fairs or at public auctions or of condemnation sales?
No
98
What is the status of a contract of sale of animals with contagious diseases?
Void
99
What is the status of the contract of sale of animals with their use or service for which they are acquired are unfit therefor?
Void
100
What is the prescriptive period for actions arising from redhibitory defects in animal sales?
40 days from delivery
101
What happens if the animal dies within 3 days after purchase?
The vendor is liable if the disease that caused the death existed at the time of the perfection of the contract and not at the time of delivery.

BLR 211 (4 decks)

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