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RFBT - Law On Sales Cont. Week 11

This document discusses sales contracts and the obligations of buyers and sellers. It covers: 1) When a contract is considered a sale versus a contract for work. Massachusetts and New York rules are discussed. 2) The rights and obligations of buyers and sellers in a sales contract, including delivery terms, warranties, and remedies for partial delivery. 3) Examples of divisible and indivisible contracts, and what options buyers have if only partial delivery is made. 4) Implied warranties including warranty against eviction, and examples of when a seller would be liable for breach of this warranty.

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Jennela Vera
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48 views1 page

RFBT - Law On Sales Cont. Week 11

This document discusses sales contracts and the obligations of buyers and sellers. It covers: 1) When a contract is considered a sale versus a contract for work. Massachusetts and New York rules are discussed. 2) The rights and obligations of buyers and sellers in a sales contract, including delivery terms, warranties, and remedies for partial delivery. 3) Examples of divisible and indivisible contracts, and what options buyers have if only partial delivery is made. 4) Implied warranties including warranty against eviction, and examples of when a seller would be liable for breach of this warranty.

Uploaded by

Jennela Vera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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RFBT - Law on sales cont.

Week 11
Sales vs contract for a piece of work
Massachusettes rule - what we follow in the Philippines
Covered ng statuteContract
of fraud for a piece of work
Object is
available/
regularly Specially
produce (kahit produced
temporarily
wala)
Covered ng
statute of fraud Not covered

New york's rule


Covered ng statuteContract
of fraud for a piece of work

Specially
Dapat anjan siya produced/ wala
sayo

English rule
Covered ng statuteContract
of fraud for a piece of work

Material cost > Material cost <


Labor cost Labor cost

Obligation and rights of parties


Vendor/ seller Vendee/ buyer
1. To deliver the object, and the object to be delivered is the object agreed upon
- Sample
- Description
- Sample and description

When should delivery happens?


- As stipulated
- If no stipulation, if buyer pays, seller should deliver, otherwise seller would be in delay. And vice versa

Example
B buys 1000 pcs at 100
S delivers 1,200
Divisible: (nahahati)
Option 1: Accepts the 1000 and reject the 1000
Option 2: Accepts the 1200 and pay for the 1200
Indivisible: (hindi nahahati)
Option 1: Stll accepts the 1200
Option 2: Reject the 1200

What if S delivers only 800


Option 1: Accepts 800
Option 2: Reject 100
Buyer cannot be compelled to accept partial delivery except if there was an stipulation

2. To warrant the thing


2.1 Express warranty - as stipulated
2.2 Implied warranty
2.2.1 Implied warranty against eviction (except pag winaive)
2 kinds of waiver:
- waiver consciente - Seller is still liable in case of eviction up to the FMV of the property up to the time of eviction
- waiver intentionada - Seller is no longer liable in case of eviction
1. May eviction if the buyer is deprived of the object.
2. Deprivation must be lawful (by order of the court)
3. It is due to a right already existing at the time of sale
4. The seller was given the opportunity to defend his title

Example
Today is 2021
A is the registered owner of 2 lands, spanish title pa hawak nila
Therefor, not registered sa land registration act (TCT dapat para english na)

Idle, neglected, abandoned land (1st land)


B occupied this 2022
(2nd land) C occupied this 2024
They are possessing the properties as if they are the owners
In 2053, A sells 2 properties:
Sold to W
Sold to Y

In 2055, W asked B to vacate the Land but B refused


Y asked C to vacate but C refused

W and Y go to court
W vs B and Y vs C
Pinatawag si A to defend the title

Is the land registered? Yes


LRA - torrent system? - If yes, panalo si A (special law)
Civil code of the PH (general law) - who possesses the property? - B and C
If sila ay tenant, agent, care taker - si A panalo
Sila ay squatters as if owners - for less than 30 yrs kay A padin; for 30 yrs or more - B at C panalo (B and C became owners by acquisitive prescription)

Possessed by B 2022; 2055 pinapaalis --> 33 yrs - B won


Possessed by B 2024; 2055 pinapaalis --> 31 yrs - C won

Is A liable to W and Y for breach of warranty against eviction?

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