merely an offer by one party, without

acceptance
, there is no consent. Theacceptance of the payment = consent2.

OBJECT- This refers to the

determinate thing

which is the object of the contract. Maybe real or personal property3.

CAUSE- This refers to

price certain in sum of money or its equivalent

(checks or promissory notes)

Buyer- promise to deliver Seller- promise to pay1.Essential Elements
—
necessary for the validty of the sale.a. Meeting of the minds of the seller and the
buyer b. Object which is certain and determinatec. Price certain2. Natural Elements
—
those which are inherent in the contract and are deemed to exist in thecontract of sale
in the absence of clear contrary agreement.a. Warrant against evictionb. Warranty
against hidden defects3. Accidental Elements
—
May or may not exist depending on the stipulations of the partieslike conditions,
payment of interest, place and time of payment.
KINDS OF CONTRACT OF SALE1.

ABOLUTE-
where the sale is not subject to any condition and where the title of theownership
passes to the buyer upon the delivery of the thing sold
2.

CONDITIONAL
- where the contract is subject to certain conditions, usually the fullpayment of the price.
The ownership of the thing does no pass unless conditionisfulfilled.

SALE DISTINGUISHED FROM OTHER CONTRACTSSALE VS. CONTRACT TO SELL

-A
Contract of Agency to Sell
is a contract whereby one binds himself to render service or todo something in behalf of
another, with consent or authority.
Contract of Sale Contract to Sell
Title over the property passes to the buyer upondelivery unless there is a contrary
agreement.Ownership is retained by the seller whether or not there is delivery.
Ownership passes to thebuyer only upon full payment of the price. Agentreceives the
goods as the goods of the
principal.Buyer has to pay the price Agent has to take into account the proceeds of
the sale he may make on the principal’s behalf
Buyer cannot return the thing sold Agent can return the thing or object in case of inabilit
y to sell the thing to a third
personSeller warrants the thing sold The agent makes no warranty for which heassume
s personal liability as long as he actswithin his authority and in the name of the seller
CONTRACT OF SALE vs. CONTRACT FOR A PIECE OF WORK-
A
CONTRACT FOR A PIECE OF WORK
is a contract whereby the contractor binds himself to execute a piece of work in behalf
of or for the employer, in consideration of a certainprice or compensation
CONTRACT OF SALE CONTRACT FOR PIECE OF WORK-general market -
upon special order-thing transferred is one which would have existed -
not of existence until the order of the party desiringto acquire it-
risk of loss borne by seller (warranty) -risk of loss borne by the buyer (damages)
SALE vs. BARTER