Sales Flashcards

1
Q

Sale
- 2 parties : Seller (Vendor) and Buyer (Vendee)
- what is the obligation of seller? of buyer?

A

Seller - to transfer ownership + to deliver determinate thing
Buyer - to pay a price certain in money

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2
Q

Characteristics of Contract (BCCNOP)

A
  • Bilateral
  • Consensual
  • Commutative
  • Nominate
  • Onerous
  • Principal
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3
Q

Essential Requisites (COC)

A
  • Consent
  • Object
  • Cause
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4
Q

Consent
- meeting of minds
(1) upon the thing
(2) upon the price

A

Yes

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5
Q

Service can be an object in a contract of sale. True or False?

A

False (only thing or right)
- since purpose is to transfer ownership

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6
Q

Indeterminate thing may be an object in a contract of sale. True or False?

A

True (Generally : Determinate Thing)
- However, indeterminate thing who are physically segregated → determinate na → can be an object in a contract of sale

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7
Q

Another Requisites of Object
- must be within commerce of men (licit)
- seller must have a right to transfer ownership at time it is delivered

A

at time it is delivered (not perfection)

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8
Q

From the flashcard above, it stated “at time it is delivered”. Thus, future goods can be an object in a contract of sale.

Other term for “sale of future things”

A

Emptio Rei Speratae - valid

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9
Q

Other term for “sale of hope or expectancy”

A

Emptio Spei - valid
- example → lotto ticket

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10
Q

Can future inheritance, being a future thing, be an object in a contract of sale?

A

NO

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11
Q

Sale of vain hope is valid. True or False?

A

False (void)

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12
Q

In a contract of sale, the cause we are talking about is “price”.

A

YES

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13
Q

Price must be certain
- fixed by the parties
- with reference to another thing certain
- determination of price is left to will of a 3rd person

What will happen if the 3rd party is in bad faith or mistake?

What will happen if the 3rd party is prevented by the seller/buyer?

What will happen if the 3rd party is unwilling or unable to determine a price?

A
  • court may fix the price

Fulfillment + Damage
Rescission + Damage

  • contract is not effective
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14
Q

Gross inadequacy of price does not affect a contract of sale. True or False?

A

False (Generally : True)
- However, if there’s a defect in consent or the parties really intended it to be a donation → it affects the contract of sale

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15
Q

A contract of sale may be oral or written (subject to Statute of Frauds). True or False?

A

True
- Personal Property → at least 500
- Real Property → any amount

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16
Q

In a sale of piece of land made through an agent, the authority of A is oral. What wil be the status of the contract of sale?

A

VOID (not unenforceable)

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17
Q

In a sale of piece of land made through an agent, the authority of A is written. From Agent (A) to Buyer (B), it is oral. What wil be the status of the contract of sale?

A

Unenforceable (statute of frauds)

18
Q

In a sale of piece of land made through an agent, the authority of A is written. From Agent (A) to Buyer (B), it is also written. What wil be the status of the contract of sale?

19
Q

Kinds as to Transfer of Ownership
- Absolute
- Conditional

What about contract to sell?

A

Absolute
- there is already a transfer of ownership if delivered (whether actual or constructive), even if payment is not yet complete

Conditional
- transfer of ownership will happen upon fulfillment of condition

Contract to Sell → is a conditional sale. However, transfer of ownership happens only upon execution of a deed of sale

20
Q

Contract of Sale or Agency to Sell
- there is transfer of onwership

A

Contract of Sale
- Agency to Sell → no transfer (only right to sell property)

21
Q

Contract of Sale or Agency to Sell
- after delivery, buyer bears the risk of loss

A

Contract of Sale
- Agency to Sell → risk of loss remains to the principal (not transferred to the agent)

22
Q

Contract of Sale or Contract for Piece of Work
- special order

A

Contract for Piece of Work
- Contract of Sale → in the ordinary course of business (whether on hand or not - kahit di pa napproduce)

23
Q

In a sense, parang same lang yung contract of sale at yung contract for piece of work. Bakit need pa sila idistinguish sa isa’t-isa?

A

Contract of Sale = covered by Statute of Frauds
Contract for Piece of Work = X

Kaya if ever may sale of real property na P300 lang at contract for piece of work yon, valid pa rin siya (hindi unenforceable)

24
Q

If consideration is partly in money, partly in kind. Is it a contract of sale or barter?

A

Depends
1. Intention of Parties
2. If intention is not clear
a. Thing > (it is a barter)
b. Thing ≤ (it is a sale)

Example
- money = 5,000
- in kind = 5,000

This is a “sale” since less than or equal to. If the value of in kind is 5,001, it is a “barter”

25
If the promise to buy and/or sell is bilateral (mutual promise), it is reciprocally demandable. True or False?
True
26
If the promise to buy and/or sell is unilateral, and it is not accepted by the offeree, there is a contract. True or False?
False (there is no contract)
27
If the promise to buy and/or sell is unilateral, and it is accepted by the offeree, it is already binding to the offeror. True or False?
Depends - If no consideration (option money) → not binding to Seller. Seller **can** withdraw. - If with consideration (option money) → perfected option contract. Seller **cannot** withdraw.
28
Always remember to look out for this. Sale - period to pay Option - period to decide
YES
29
If you pay earnest money, it is a proof of a perfected contract of sale. True or False?
True "earnest" kaya magiging part siya ng purchase price - Option → no perfected sale yet (not part of purchase price unless agreed)
30
Obligations of the Vendor - to take care of the thing - to transfer ownership
- to take care of the thing = after perfection, before delivery - to transfer ownership = upon delivery (however, parties may agree)
31
Who Bears Risk of Loss - Before Perfection - At Perfection - Perfected, Before Delivery - Perfected, After Delivery ## Footnote Res Perit Domino - who owns suffer the loss
Seller - Before Perfection - At Perfection Buyer - Perfected, Before Delivery - Perfected, After Delivery
32
Kinds of Delivery - Actual Delivery - Constructive Delivery
YES
33
Constructive Delivery - Execution of Public Instrument - Symbolic Delivery - Traditio Longa Manu - Traditio Brevi Manu - Constitutum Possessorium
- Execution of Public Instrument - Symbolic Delivery → e.g. keys - Traditio Longa Manu → by pointing, must be agreed - Traditio **B**revi Manu → **B**uyer is in possession - Constitutum Po**ss**e**ss**orium → **s**eller is in possession
34
What law applies to installment, personal property? ## Footnote REPER
Recto Law
35
What law applies to installment, real property? ## Footnote MARE What RA number?
Maceda Law (RA 6552)
36
Recto law is for the benefit of buyer. True or False?
True - since ang remedies of seller is alternative (can only choose 1), parang pinoprotect yung buyer
37
Maceda law is for the benefit of buyer. True or False?
True - since rights of buyer
38
In Recto Law, what is the remedy of the seller - in case 1 or more installments is unpaid - in case 2 or more installments are unpaid ## Footnote 3 remedies
**1 or more installment** 1.exact fulfillment **2 or more installment** 2.cancel the sale 3.foreclose chattel mortgage
39
What to remember in "foreclose chattel mortgage"?
- Seller cannot recover deficiency - It is an absolute rule
40
In Maceda Law, what is the rights of the buyer - if paid **less than** 2 years of installment ## Footnote Grace Period - how many days? What if buyer still did not pay within the grace period? Unlimited ba yung pag avail sa grace period?
- Grace Period = 60 days If still fail to pay, seller may cancel / rescind contract - after 30 days from notice to rescind ## Footnote Grace Period = can only be applied once every 5 years
41
In Maceda Law, what is the rights of the buyer - if paid **at least** 2 years of installment ## Footnote Grace Period - how many days? What if buyer still did not pay within the grace period? Unlimited ba yung pag avail sa grace period?
- Grace Period = 60 days **(+ 1 month for every 1 year after the 2-year requirement)** If still fail to pay, seller may cancel / rescind contract - after 30 days from notice to rescind - + payment of CSV ## Footnote Grace Period = can only be applied once every 5 years
42
How to compute Cash Surrender Value? ## Footnote What is the maximum?
= 50% of total payments made '+ 5% per year (after 5 years) Maximum → 90% For example, if 7th year 50% + 10% 10% = 5% x 2 years (7-5)