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Law on Sales NOTES

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Christy Canete
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17 views2 pages

BLR File3

Law on Sales NOTES

Uploaded by

Christy Canete
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

/ binds himself to render service or do


something IN REPRESENTATION or ON BEHALF
By co-owner OF ANOTHER — with the consent or authority

Differences:
2.
Contract of Sale Contract of Agency
/ owner of his undivided interest
1. 1.
/ can dispose his share without consent
of other co-owner
buyer agent received
Art.1464. Sale of an undivided share of a received goods as goods
specific mass the goods of the principal
as owner (who retains
Meaning of Fungible Mass ownership)
→ goods which any unit is treated as equivalent 2.
of any other unit 3. 2.
3.
Effect of sales
buyer has
→owner may sell only an undivided share, to pay the agent simply
provided the mass is specific or determinable price account for the
proceeds of sale
/ Buyer becomes co-owner of the whole mass
4.
/ aliquot share of each owner can determined 5. 4.
only by measurement of entire mass 5.
/ if later discovered that mass of Fungible goods cannot
less than what was sold, buyer becomes owner return agent can
of the whole mass; seller shall supply whatever object sold return object he
is lacking same kind and quality is unable to sell
6.
Risk of loss 6.
7.
/ Whole mass is at risk of all the parties 7.
interested in it, in proportion to their various seller
holdings warrants Agents makes
the thing no warranty for
Subject Matter
sold he assumes
/ incorporeal or intangible right personal
8. liability
Art. 1465. Sale of thing subject to resolutory
Condition 9.
8.
Resolutory condition - uncertain event that buyer can 9.
upon the happening, extinguishes the obligation deal with
or right the thing agent must act
sold as he and is bound to
/ If resolutory condition is attached to the
pleases the instructions
object of the contract, VENDOR CANNOT
of the principal
TRANSFER THE OWNERSHIP
10.
/ exception in case of property with Torrens 10.
Title

Art. 1466. Contract of sale distinguished from


Contract of agency to sell Art. 1467. Sale distinguished from contract for
piece of work
Contract of agency
Contract for piece of work

→ contractor binds himself to execute a piece


of work for the employer

Differences:

Contract for piece of Contract of Sale


work

1. 1.

Thing Thing
transferred is transferred
not one in would have
existence, existed and
never would subject of
have existed sale even if
but for the the order has
order of the not been
employer given

2. 2.
3. 3.

Risk of loss Risk of loss


before borne by
delivery is buyer
borne by
contractor 4.

4.
5.

Not within
the Statute of
Frauds

6.

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