Download - Sales Syllabus 2014-1_annotated
-
8/10/2019 Sales Syllabus 2014-1_annotated
1/8
SALES OUTLINE
1stSemester, Adamson College of Law, SY 2014-2015
Atty. Noel Ostrea
20 June 2014
Nature and Form
Definition
Review of essential requisites and characteristics of
contracts in general
8 Characteristics of a Contract of Sale
Contrast with other special contracts
BarterLease
NB: Special case of lease with option to buy
Case: Blanco v. Quasha, GR 133148,
1999.Nov17. (sale-leaseback)
Piece of work
Cases: Celestino Co v Collector, GR 8506,
1956.Aug31 (en banc)
Engg & Machinery Corporation, GR 52267,
1996.Jan 24Leighton v CNP Industries, GR 160972,
2010.Mar09
NB: Yu Dino v CA, GR 113564, 2001.Jun20
Bailments: lease, deposit, loan, guaranty
Agency to sell
Case: Brokmann v People, GR 199150,
2012.Feb06.
Consignment sale
Cases: Royal Shirt v Co Bon Tic, GR L-6313,
1954.May14 (en banc)
Agilent v Integrated Silicon, GR 154618,
2004.Apr14
Assignment of rights (Chapter 8, Art. 1624-1635 of
Sales Title.)
Case: Aquintey v Sps Tibong, GR 166704,
2006.Dec20
Capacity to Buy and Sell and Essential Requisites of
.
1.
1.2.
1.3.
1.4.
1.4.1.1.4.2.
1.4.3.
1.4.4.
1.4.5.
1.4.6.
1.4.7.
.
-
8/10/2019 Sales Syllabus 2014-1_annotated
2/8
Sale
Parties
Valid parties
Incapacitated parties to a contract of sale; effect on contract
Minors, insane persons, demented persons and deaf-
mutes
Prohibited parties (prohibited contracts)
Husbands and wives (1490)Q: Are common law spouses covered by the
prohibition?
(Calimlim-Canullas v. Gortun, GR L-57499,
June 22, 1984.)
Other prohibited parties (1491)
Valid Subject-matter
Characteristics of valid subject-matter: determinate or
determinable (1458, 1460), lawful (1347, 1409) and
possible (1348)
Sale by non-owner
Sale by owner with voidable title(1505) and exceptions
Sale of hope
In existence, whether on hand at the time or not (1467), or
future goods (1462) or having a potential existence (1461),
whole or fractional (an undivided interest) (1463), or
subject to a condition, resolutory (1465), or otherwise, or
in litigation, with the approval of the court (1381). But
there can be no donation of future goods (751) or sale ortransaction involving future inheritance.
Price
In general
When fixed by a party
Effect, simulated price or simulated sale
Case:
Heirs of Intac v CA, GR 173211, 2012.Oct11
Effect, gross inadequacy of price;
Equitable mortgage andpacto de retrosalesEffect of right of redemption
Effect of failure to pay (1595-1596)
Stages in Contract of Sale, incl. Perfection (1475)
Auction Sale
Form in a Contract of Sale
When essential for validity
When required for enforceability
When desirable for the convenience of the parties
2.
2.1.
2.2.
2.2.1.
2.2.2.
2.2.2.1.
2.2.2.2.
3.
3.1.
3.2.
3.3.
3.4.
3.5.
4.
4.1.
4.2.
4.3.
4.4.
4.4.1.4.4.2.
4.5.
5.
5.1.
6.
6.1.
6.2.
6.3.
-
8/10/2019 Sales Syllabus 2014-1_annotated
3/8
Equitable Mortgage
Definition and nature
Indicia under Art. 1602
Remedy of aggrieved party
Case: Deheza-Inamarga v Alano, GR 171321, 2008.Dec18.
Special Circumstances
Special Kinds of Sales Contracts
Politacion
Case: Capalla v. COMELEC, GR No. 201112,
2012.Jun13 (en banc) (nature of option)
Option Contract v earnest money (1482)
Case:
Rizalino v Paraiso, GR 157493, 2007.Feb05.
(option money v earnest money)
Right of First RefusalCase:
Tuazon v Del Rosario-Suarez, GR 168325,
2010.Dec08 (v option contract)
Conditional Sales/Contract to Sell
Definition and Nature
Cases: Sps. Bonostro v. Sps. Luna, GR 172346,
2013.Jul24
Laforteza v. Machuca, GR 137552, 2000.Jun16
Installment sales, movables (Recto Law; 1484)
Case:
___________________
Obligations of the Parties
Obligations of the Seller
Warranties
Express warranties v. dealers talk
Cases: Moles v. IAC, GR 73913, 1989.Jan31.
Teran v. Villanueva, GR L-34697, 1932.Mar26 (en
banc) (dealers talk)Implied warranties
Delivery; Transmission of ownership by delivery (1477, etc.)
Plus accessions and accessories
Actual (1497)
Constructive (1498-1501, 1496), including documents
of title
Effects in general
Exceptions
6.4.
6.4.1.
6.4.2.
6.4.3.
.
7.
7.1.
7.2.
7.3.
7.4.
7.4.1.
7.5.
.
8.
8.1.
8.2.
9.
9.1.
9.1.1.
9.1.2.
9.2.
9.3.
-
8/10/2019 Sales Syllabus 2014-1_annotated
4/8
Case: Villamar v. Mangaoil, GR 188661, 2012.Apr
11.
Commercial terms of delivery
Who bears the risk of loss? (1480 v 1504, 1538)
Double Sales (1544)
Obligations of the Buyer
To pay Price Certain
Remedies of Unpaid Seller (1524, 1526, 1540)
When buyer can suspend payment (1590)
Breach
Remedies
Accion redhibitoria(1567rescission)Accion quanti minoris(proportionate reduction in price)
Extinguishment
Grounds for extinguishment, in general
Redemption
Conventional
When there is a stipulationWhen there is no stipulation
Requirement of 1616
Legal (1619)
Co-owners (1620)
Co-heirs (1088)
Adjoining owners (1621, 1622)
Debtor (1634)
Others
Sales of Immovables; Special Case
Condominia
Subdivision and Condominium Buyers Protective Decree
(PD 957)
The Condominium Act (RA 4726)
Installment sale of immovable (Maceda Law; RA 6552)
Rescission of sale of immovable
Form of agency to sell immovable (1874, 1878)
9.4.
9.5.
10.
11.
11.1.
11.2.
.
12.
12.1.12.2.
.
1.
2.
2.1.
2.1.1.2.1.2.
2.1.3.
2.2.
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
.
1.
1.2.
1.3.
2.
3.
4.
-
8/10/2019 Sales Syllabus 2014-1_annotated
5/8
Case: _______________________
Special Laws
NB:
Bulk Sales Law (Act No. 3952)
--End, Syllabus Proper
QUESTIONS IN SALES LAW
June 2014
Nature
What is a sales contract? (712, 1458)
What are the essential obligations of a seller?
What are the essential obligations of a buyer? (1582, NB:
1524, 1595)
What are the essential elements of a contract of sale?
What are the eight (8) characteristics of a contract of sale?
What is the essential requisite of a seller? (NB: 1505)
What are the stages of a contract of sale?What is apolitacion? (1479 par. 2)
What is the effect on a sales contract based on:
Transfer of ownership? (1545, 1462 par. 2, 1465 and 1503)
The nature of the object of the sale?
The volume or quantity of the object of the sale?
The sale being by description, by sample, or both? (1481)
When the goods object of a sale are delivered on sale or
return? (1502)
When the goods object of a sale are delivered on trial oron satisfaction? (1502)
Auction sale? (1476)
The deterioration or benefit/improvement of the object of
the sale? (1480, 1538)
The consideration being payable on installment?
What are the kinds of contract:
Based on whether the object or service is existing or made
to order? (1467)
Based on the nature of the consideration? (1468)
.
1.
2.
3.
4.
5.
6.
7.8.
9.
9.1.
9.2.
9.3.
9.4.
9.5.
9.6.
9.7.
9.8.
9.9.
10.
10.1.
10.2.
-
8/10/2019 Sales Syllabus 2014-1_annotated
6/8
Based on the kind of title acquired by the buyer? (1624)
What are the three (3) legal requirements for the object of a
sale to be valid?
Concerning price:
What is the effect of a simulated price on a contract of
sale? (1471)
What is the effect of a gross inadequacy of price on a
contract of sale? (1470, NB: 1602)
What is the effect of an indeterminate price in a contract ofsale? (1474)
What are the differences between earnest money and
option money?
How is the ownership of the thing sold transferred to the
buyer?
Who generally pays for the expenses for the execution and
registration of a private sale?
Form
What is the proper form of a contract of sale? (1483)
Parties and Incapacities
Who are the persons or parties who are incapacitated from
entering into a contract of sale?
Obligations of the Seller
What is delivery?
What is the legal effect of delivery?
What are the two (2) kinds of delivery?
What are the six (6) kinds of constructive delivery?
What are the modes of delivery in commercial transactions
(denominated by initials)? (NB 1523)When is delivery complete? (NB: 1539, 1537, 1523)
What are the kinds of warranties? (1546, 1547)
What are the two (2) kinds of implied warranties?
What are the elements of an implied warranty against
eviction? (1548)
What are the elements of an implied warranty against hidden
defects? (1561)
What are the remedies of a buyer in case of breach of an
express warranty? (1599)
10.3.
11.
12.
12.1.
12.2.
12.3.
12.4.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
-
8/10/2019 Sales Syllabus 2014-1_annotated
7/8
What is an unpaid seller? (1525)
What are the remedies of an unpaid seller? (1526)
When are goods not in transit? (1531)
What are the rules in case of a double sale? (1544)
Obligations of the Buyer
What are the two (2) obligations of a buyer?
What is the liability of a buyer who neglects or fails to pay?
(1595)
When does acceptance take place? (1584)
What are the different kinds of acceptance? (1585)
What is the liability of a buyer who neglects or fails to pay?
(1596)
What is the effect of wrongful delivery? (1587)
When does a buyer owe a seller interest after delivery? (1589)
When can a seller exercise a right to rescission? (1597)When can a buyer exercise a right to specific performance?
(1598)
When can a buyer exercise a right to rescission? (1591-93)
When can a buyer validly suspend payment? (1590)
What are the remedies of a buyer when the seller delivers to
the buyer a quantity of goods greater or less than that
contracted to sell?
Loss of the Thing
What is the legal effect of loss of the thing?
Modes of Extinguishment of Sale
Regarding extinguishment:
What are the general modes of extinguishment (ofcontracts)?
What are the specific provisions in sales law providing for
extinguishment?
What are the modes of redemption? And how is the right
exercised?
What is an assignment?
Conventional Redemption
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.40.
41.
42.
43.
44.
45.
45.1.
45.2.
45.3.
45.4.
-
8/10/2019 Sales Syllabus 2014-1_annotated
8/8
What is the effect of apacto de retro sale? (1609)
What are the obligations of a seller who exercises his right to
redeem? (1616)
What happens to growing fruits at the time of redemption?
(1617)
What happens to existing leases at the time of redemption?
(1618)
Legal Redemption
What is legal redemption?
Who can exercise the right of legal redemption?
--End--
46.
47.
48.
49.
50.
51.