Module 2: whether the same is on hand at the

time or not, is a contract of sale, but if

Article 1466. In construing a contract
the goods are to be manufactured
containing provisions characteristic of
specially for the customer and upon
both the contract of sale and of the
his special order, and not for the
contract of agency to sell, the
general market, it is a contract for a
essential clauses of the whole
piece of work. (n)
instrument shall be considered. (n)
Contract of sale- for the general
Contract of Sale Agency to Sell
market
The buyer pays the agent has
the price simply to Piece of Work- special order, not for
account for the the general market.
proceeds of the
sale he may Article 1468. If the consideration of
make on the the contract consists partly in money,
principal’s and partly in another thing, the
behalf transaction shall be characterized by
The buyer after The agent does the manifest intention of the parties. If
delivery not become the such intention does not clearly appear,
becomes the owner. it shall be considered a barter if the
owner value of the thing given as a part of
The seller The agent who the consideration exceeds the amount
warrants sells assumes no of the money or its equivalent;
personal liability
otherwise, it is a sale. (1446a)
as long as he
acts within his *INTENTION should be accounted.
authority and in
the name of if INTENTION is not present:
principal. Contract of Sale:
-If the agent acted beyond his
power>> Article 1403 unenforceable -seller gives consideration for the
contracts. (Needs to be ratified, no price in the form of money. Value of
effect) money is more than the value of the
thing given.
Article 1467. A contract for the
delivery at a certain price of an article - price certain in money or its
which the vendor in the ordinary equivalent.
course of his business manufactures
or procures for the general market,
Barter:
-partly in money and partly in another
thing.
-value of thing exceeds the amount of
the money
Article 1482. Whenever earnest
money is given in a contract of sale, it
shall be considered as part of the price
and as proof of the perfection of the
contract. (1454a)
Earnest Money Option Money
Perfected No perfected
contract of sale contract of Sale
Part of the The money is
purchase price given as a
distinct
consideration for
the option
contract
Buyer is The prospect
required only to buyer is not
pay for the required to buy
balance
Can be returned Cannot be
to the buyer recovered