sales – buyer and seller obligations

Question 1

seller obligations

what are the seller’s basic obligations to the buyer

Answer 1

1. deliver the thing
2. warrant the thing against redhibitory defects, eviction, and the thing is reasonably fit for its ordinary or intended use

Question 2

seller’s obligations

when must delivery be made

Answer 2

at a place where the thing is located at the time of sale

Question 3

seller’s obligations

what must the seller adhere to for delivering movables

Answer 3

seller must deliver conforming goods of the agreed upon kind, quality, and quantity

Question 4

seller’s obligations

what is the buyer’s right to inspect

Answer 4

the buyer cna determine whether the seller has furnished conforming goods; must be done within a reasonable amount of time

Question 5

seller’s obligations

what happens if the buyer accepts nonconforming goods

Answer 5

he may not later reject them, unless he accepted them with the reasonable belief that the nonconformity would be cured

Question 6

seller’s obligations

when is the seller entitled to cure a nonconforming good

Answer 6

1. the time for performance has not yet expired; or
2. the seller reasonably believed the nonconforming goods would be acceptable to the buyer

Question 7

seller’s obligations

what is the warranty against eviction generally

Answer 7

the seller warrants the buyer against eviction and eviction is the buyer’s loss of, or danger of losing, the whole or part of the thing sold because of a third party’s right that existed at the time of the sale

Question 8

seller’s obligations

when has the buyer lost possession of the thing sold

Answer 8

a judgment is rendered in favor of a third party with superior rights in the thing

Question 9

seller’s obligations

when is the buyer in danger of losing the thing sold

Answer 9

the buyer has not yet lost physical control over the thing; buyer must prove to a legal certainty that a third party has perfect title and the vendor has no title

Question 10

seller’s obligations

when does the warranty against eviction apply

Answer 10

implied in every sale, but can be modified or excluded. the seller remains liable for her own actions.

Question 11

seller’s obligations

what does the warranty against eviction cover

Answer 11

generally covers those rights that were in existence at the time of the sale

Question 12

seller’s obligations

what is a partial eviction under the warranty against eviction

Answer 12

evicted from some of the property or some of the ownership rights (covers encumbrances – servitudes that are nonapparent, not declared by the seller, conventional; but does not cover legal or natural)

Question 13

seller’s obligations

what is the recovery sought for partial eviction

Answer 13

had he not still bought thte thing without the part evicted from: rescission; otherwise, diminution

Question 14

seller’s obligations

what additional recovery is available to the buyer under the warranty against eviction

Answer 14

1. damages sustained because of the eviction
2. value of any fruits he had to reutnr to the third person who evicted him
3. improvements

Question 15

seller’s obligations

when are attorneys fees allowed for a breach of the warranty against eviction

Answer 15

only when agreed upon

Question 16

seller’s obligations

how can the parties modify the warranty against eviction

Answer 16

they can agree to limit or exclude the warranty against eviction

Question 17

seller’s obligations

what impacts the extent of the buyer’s recovery under the warranty against eviction

Answer 17

1. the parties’ agreement
2. the buyer’s knowledge of the danger of eviction

Question 18

seller’s obligations

what is a warranty sale under the warranty against eviction

Answer 18

default; buyer gets all remedies unless he had actual knowledge of the eviction, in which case he only gets price + interest (no damages)

Question 19

seller’s obligations

what is a non-warranty sale under the warranty against eviction

Answer 19

a sale where the warranty is excluded, but the buyer has no knowledge of eviction. the buyer gets price and interest only (no damages)

Question 20

seller’s obligations

what is a sale at buyer’s peril and risk under the warranty against eviction

Answer 20

1. buyer is clearly aware of the danger (and it’s a NWS)
2. buyer declares that he is buying at his own peril and risk
3. the seller’s obligation to return the price is expressly excluded

THE BUYER GETS NOTHING!

Question 21

buyer’s obligations

what are the buyer’s obligations generally to the seller

Answer 21

1. pay the price
2. accept delivery of the thing

Question 22

buyer’s obligations

what is the seller’s option of a resale

Answer 22

in sale of a movable, a seller has the right to resell things still in his possession within a reasonable time and in good faith. the seller must provide reasonable notice of the sale (unless things are perishable/subject to rapid decline)

seller can recover the difference in contract price and what the movables are actually sold for