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BARCELONA, JOYCE ANN A.

FMA-2A
1. Sale by Sample - The vendor warrants
that the thing sold and to be delivered by him
shall conform with the sample in kind,
character, and quality.
2. Sale by Description- Where a seller sells
a things as being particular kind, the buyer not
RESCISSION knowing whether the seller’s representation
are true or false.
3.Sale by Description and Sample - The
seller has to satisfy all the warranties
appropriate to kind of sale, and it is not
sufficient if the bulk of goods correspond with
the sample if they do not also correspond with
the description and vice versa.
REMEDIES AND PERIODS IN CONTRACT OF SALES

1 v. Exact fulfilment of the obligation,


should the endee fail to pay.

2. Cancel the sale, should the vendee’s


REMEDIES IN SALES OF PERSONAL failure to pay cover two or more instalments.
PROPERTY BY INSTALLMENTS
(RECTO LAW)
3. Foreclose the chattel mortgage on the
thing sold, if one has been constituted should
vendee’s failure to pay cover two or more
installments.

1. Buyer is entitled to pay without additional


interest unpaid instalments due within grace
period earned by him.
REMEDIES IN SALES OF REAL
PROPERTY BY INSTALLMENTS
(MACEDA LAW) 2. When contract is cancelled, seller to refund
to buyer the cash surrender value of
payments equal to 50% of total payments
made.

1. Withdrawal + Damages
REMEDIES OF VENDEE FOR PARTIAL
LOSS OF SPECIFIC THING 2. Specific performance + Proportionate
reduction of price.

1. Sale Divisible – when its consideration is


2 ALTERNATIVE REMEDIES TO THE made up of several parts.
BUYER IN CASE OF PARTIAL LOSS OF
THE OBJECT PRIOR TO THE SALE 2. Sale Indivisible – The object thereof may
be considered as a specific thing.

1. Avoidance
REMEDIES OF VENDEE FOR PARTIAL
LOSS OF GOODS 2. Specific performance, remainder if divisible.

1. Buyer may reject.

DELIVERY OF GOODS LESS THAN THE 2. Buyer may accept by paying:


QUANTITY AGREED (a) Price at the contract rate
(b) At fair value

DELIVERY OF GOODS MORE THAN THE 1. Accept and reject excess.


QUANTITY AGREED UPON
2. Accept all – liable for all of them.

DELIVERY OF GOODS MIXED WITH 1. Accept in accordance with the contract and
OTHERS reject the rest.

2. Accept all.
1. Possessory lien on the goods or Right to
Retain
2. Right of Stoppage in transitu
REMEDIES OF AN UNPAID SELLER
3. Right of Resale
4. Right to Rescind
5. Right of Witholding

1. Sales without stipulation as to credit.


REMEDIES WHEN UNPAID SELLER 2. Expiration of term of credit.
POSSESSORY LIEN MAY BE EXERCISED
3. Insolvency of the buyer.

1. Delivery to agent or bailee of buyer.


REMEDIES WHEN UNPAID SELLER 2.Possession by buyer or his agent.
LOSSES POSSESSORY LIEN
3. Waiver of lien.

1. Delivery to agent or bailee of buyer.


REMEDIES WHEN UNPAID SELLER 2.Possession by buyer or his agent.
LOSSES POSSESSORY LIEN
3. Waiver of lien.

1. Demand area lacking.


SALE OF REAL PROPERTY BY UNIT 2. Rescission, be not less than 1/10 of area.
MEASURE OR NUMBER: When the vendee
is entitled to rescind sale of realty 3. Reduction of price.
(Small area or number)

1. Vendee may accept the area stated in the


SALE OF REAL PROPERTY BY UNIT contract and reject excess.
MEASURE OR NUMBER: Greater Area or 2. Vendee may accept the whole but must
Number pay for the same at the contract rate.
3. No right of rescission.

REMEDIES OF PARTIES WHEN 1. Refuse to sell


OBLIGATION TO CONTRACT OF SALE IS
SUBJECT TO CONDITIONS WHICH IS NOT 2. Waive the condition
PERFORMED
1. Value
WHEN WARRANTY HAS BEEN AGREED 2. Income
UPON OR NOT, IN CASE OF EVICTION, 3. Cost
VENDEE SHALL HAVE RIGHT TO 4. Expenses
DEMAND OF THE VENDOR 5. Damages

REMEDIES OF THE VENDEE IN 1. Rescission of the contract.


WARRANTY AGAINST EVEICTION
2. Indemnity

1. Bears the loss


EFFECT OF THING LOSS DUE TO HIDDEN 2. The price paid
DEFECTS: If vendor is aware and act in Bad 3. Must refund expenses of the contract
Faith. The vendee has the right to recover: 4. Damages

1. Does not bears the loss


EFFECT OF THING LOSS DUE TO HIDDEN 2. The price
DEFECTS: If vendor is not aware and act in 3. The interest thereon.
Good Faith. He shall be obliged only to return: 4. Expenses of the contract if paid by the
vendee.
5. Not obliged to pay damages

THE THING SOLD HAD ANY HIDDEN Vendor shall be liable for the price paid less
DEFECTS AT THE TIME OF SALE, AND value of the thing had when it was lost.
LOST DUE TO FAULT OF VENDEE

1. Accion Redhibitoria – withdrawal from the


REMEDIES OF BUYER IN SALE OF contract.
ANIMALS W/ REDHIBITORY DEFECT 2. Accion quanti minors – action for
proportionate reduction in the price

Remedy of buyer in contract to deliver Specific performance without giving the option
specific goods to retain the goods on payment of damages.

Action by the Seller:


1. Action for payment of price
2. Action for damages
3. Action for rescission
Action by the Buyer:
1. Bring an action for specific performance,
if the seller has broken the contract to
BREACH OF CONTRACT OF SALE OF
GOODS deliver specific or ascertained goods.

2. In case of breach of warranty by seller:


(a) Accept the goods and ask to
reduce or extinguish the price.
(b) Accept goods and maintain an
action for damages.

1. Recoupment – whereby the buyer


accepts the goods and set up the seller’s
breach to reduce or extinguish the price.
REMEDIES OF THE BUYER FOR BREACH
OF WARRANTY BY SELLER 2. Action for damages - refuse to accept
(ALTERNATIVE)
the goods and maintain the action for
damages for the breach of warranty.

3. Rescission – rescind the contract of


sale by returning or offering the return of
goods and recover the price.

Reformation – If there is a meeting of the


mind that they really intended a mortgage and
the instrument was incorrect instrument is
incorrect.
REFORMATION
Annulment – If there is a meeting of the mind
but the agreement does not express true
intention (considered as no meeting of the
minds).

1. Inadequate
2. Possession
3. Expiration
REMEDIES IN EQUITABLE MORTGAGE
4. Retains
5. Taxes
6. Others
7. Doubt

Vendee may compel:


Sale with a right to repurchase of an He may comple the vendor to reddem the
undivided immovable property whole property if one of the vendors use his
right of redemption

PERIODS IN CONTRACT OF SALES

PERIOD
 Action for rescission or damages  Within 1 year from the execution of
deed of sale.
 Action for reduction of the purchase  6 months from the delivery of the thing
price sold.
 Limitation of action in sale of  Within 40 days from the date of their
animals delivery to the vendee.
 If the animal sold is suffering from  Within 3 days
any disease at the time of sale, the
vendor is liable.
 Period to Redeem  3 years, maximum not exceeds to 10
years

1. Must be exercised within 30 days from the


notice in writing by the prospective vendor.
2. The deed of sale executed by the vendor is
PERIOD OF LEGAL PRE-EMPTION OR not registered if not accompanied by an
REDEMPTION
affidavit that he has given the required written
notice.
3. The right of redemption of co-owners is
superior to the adjoining owners.

1. No agreement/granting right – there is no


right of redemption since the sale should
considered an absolute sale.
2. Agreement merely grants right – the
period of redemption shall be 4 years from
the date of contract.
3. Definite period of redemption agreed
upon – must be exercised within the period
PERIOD OF EXERCISE OF RIGHT OF ficed provided it does not exceed 10 years.
REDEMPTION 4. Period redemption agreed upon not
specified – redemption period is 10 years.
5.Period agreed upon exceeds 10 years
6. Final judgement rendered that contract
pacto de retro – the vendor a retro has a 30
days within which to exercise the right to
repurchase.

1. 1 year from the date of the assignment of


DURATION OF THE LIABILITY OF THE the credit if the period of payment of the credit
ASSIGNOR IN GOOD FAITH has already expired.
2. 1 year after maturity of the credit if the
period of payment has not yet expired.