Implied warranties provide certain protections for buyers of goods and property. There are implied warranties against eviction which protect the buyer if they are deprived of the property due to a third party's rights, against hidden defects in the property not obvious to the naked eye, and against any non-apparent charges or encumbrances on the property. Remedies for the unpaid seller include retaining the goods, stopping delivery in transit, reselling the goods, or rescinding the contract. The rights and obligations of agents and principals are outlined, including the primary obligation of the agent to carry out the agency. Termination events for leases such as death, destruction of the property, and implied new leases are also
Implied warranties provide certain protections for buyers of goods and property. There are implied warranties against eviction which protect the buyer if they are deprived of the property due to a third party's rights, against hidden defects in the property not obvious to the naked eye, and against any non-apparent charges or encumbrances on the property. Remedies for the unpaid seller include retaining the goods, stopping delivery in transit, reselling the goods, or rescinding the contract. The rights and obligations of agents and principals are outlined, including the primary obligation of the agent to carry out the agency. Termination events for leases such as death, destruction of the property, and implied new leases are also
Implied warranties provide certain protections for buyers of goods and property. There are implied warranties against eviction which protect the buyer if they are deprived of the property due to a third party's rights, against hidden defects in the property not obvious to the naked eye, and against any non-apparent charges or encumbrances on the property. Remedies for the unpaid seller include retaining the goods, stopping delivery in transit, reselling the goods, or rescinding the contract. The rights and obligations of agents and principals are outlined, including the primary obligation of the agent to carry out the agency. Termination events for leases such as death, destruction of the property, and implied new leases are also
Implied warranties provide certain protections for buyers of goods and property. There are implied warranties against eviction which protect the buyer if they are deprived of the property due to a third party's rights, against hidden defects in the property not obvious to the naked eye, and against any non-apparent charges or encumbrances on the property. Remedies for the unpaid seller include retaining the goods, stopping delivery in transit, reselling the goods, or rescinding the contract. The rights and obligations of agents and principals are outlined, including the primary obligation of the agent to carry out the agency. Termination events for leases such as death, destruction of the property, and implied new leases are also
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Implied Warranties: Kinds
Until when should this right be exercised:
1. Implied Warranty Against Eviction: Requisites - law provides 4 years from date of execution of the contract - There should be a final judgment - maximum period: 10 years - Buyer must have been deprived of the thing because of the existence of the right of a third person (due to the fault of the vendor) Equitable Mortagage (Art. 1602) - No valid waiver (waiver intencionada) - secure fulfillment of an EXISTING obligation “In case there is doubt, always consider that is merely an equitable 2. Against Hidden Defects mortgage.” - defect not obvious to the naked eye - existing at the time of the sale LEGAL REDEMPTION 3. Against Any Charge or Non-Apparent Encumbrance - There can be right of redemption even if there was no sale, as Ex. Right of Way long as the alienation was onerous in character. - Redemptioners are subrogated under the same terms and 4. Against Hidden Defects (Sale of Animals) conditions of the sale - redhibitory defect - Can only be compelled to pay the amount stated in the deed
RIGHTS & OBLIGATIONS OF THE VENDEE
1. Maceda Law (Realty Installment Buyer Act) 1. Co-owners - There must be co-ownership at the time of the sale REMEDIES OF THE UNPAID SELLER - Movable/Immovable Art. 1526 - alienation must be in favor of a third person (not a co-owner) 1. Retain the goods 2. Stoppage in transitu 2. Owners of Adjacent Lots 3. Resale - one with the smallest land area 4. Rescind - if equal, the first one who manifest - co-owner is preferred Recto Law - has a right of pre-emption
MODES OF EXTINGUISHMENT Art. 1600 1. Ordinary 2. Extraordinary (redemption)
Conventional Redemption - There should be a contract entered into (Sale with Right to Repurchase) Pacto de Retro - As a rule, ownership shall pass upon delivery. - Ownership is subject to a resolutory condition - Resolutory because the ownership will revert back to the owner LEASE NOT YET ASKED: Rights of Suppliers of Materials (contract of piece of work) Memorize: When the contractor obliged himself to supply the work as well as 1640 the materials. 1649 1650 What if the contractor fails to pay the supplier? Is the principal owner liable? Nature: Art. 1643 (definition) SUG. ANS: Characteristics: 1. NO CAUSE OF ACTION. There is no privity of contract between the Principal supplier and the principal owner. Consensual 2. Contractor is not an agent of the owner. It is a contract for a piece Essentially Onerous of work. Bilateral 3. The principal owner can only be held liable when he still owes an Commutative amount to the contractor (but only up to that amount). Nominate TERMINATION OF THE LEASE Effect after death: Still has force and effect - not ordinarily extinguished Death – does not extinguish the lease because it is not a purely - not being purely personal, it may be extinguished, if there is a personal contract stipulation The total destruction of the object of the contract due to a fortuitous event, extinguishes the contract.
SUBLEASE/ASSIGNMENT OF LEASE If the loss/destruction is partial, there is no extinguishment. But the
lessee has 2 options: LESSEE can sublease the property without the consent of the - reduction of the rental LESSOR, as long as not prohibited by the Lessor. - rescind the contract - express prohibition in the contract Uribe: Right to rescind to be consistent with 1191, the loss/desctruction In assignment, the Lessee is prohibited unless there is a stipulation must be substantial. Kung konti lang naman, baka reduction lang ang to the contrary. karapatan niya.
As long as there is a period left that would revert back the status of Implied New Lease/Tacita Reconduccion the original lessee, THERE IS NO ASSIGNMENT, but merely a - period already expired sublease. - despite expiration, the lessee continued possession at least 15 Ex. The contract of the sublease is one day short from the end of the days period of the original contract (there is no transfer/assignment, but - no notice of the termination coming from any of the parties merely a sublease.) Rights and Obligations under this Implied New Lease - period of the lease will not be the same; will depend on the nature of the property lease: urban (1687) or rural (1682). Case: Spouses Dela Cruz v. Concepcion G.R. No. 172825 Oct. 11, 2012 AGENCY OBLIGATIONS OF THE AGENT - only on JURIDICAL ACTS (those which would create legal effects) Primary: To carry out the agency - service/to do something - in representation Principal died – as a rule, agency can no longer be carried out (art. - preparatory contract 1919) But the agent should continue with the agency, if there would be a Nature of the Concept (check memaid) delay that would entail danger.
Characteristics as a Contract
Distinctions Agency vs. Lease of Service
KINDS OF AGENCY
PRESUMED TO BE FOR COMPENSATION
1878. SPA Lease for more than 1 year - without SPA, unenforceable.
ESSENTIAL ELEMENTS (Rallos Case)
- consent of the parties - object (execution of juridical act) - agent should act within the scope of his authority - agent should act in representation of the principal
Uribe: 3rd is not an essential element.
1869. Agency may be oral.
- no particular form for its validity, unless otherwise provided by law (for enforceability).
1874. Authority to sell parcel of land not in writing, the sale is void. 1403. No authority, unenforceable.
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides
