ADAN, Arielle Dane C.

BSA 2-2

ASSIGNMENT NO. 2

I. DEFINITIONS

1. Acceptance of good is assent to become owner of the specific goods

when delivery of them is offered to the buyer.
2. When a buyer denies or refuses to accept the delivery of a shipment
made by a supplier or vendor without any proper or solid reason.

II. DISCUSSIONS

1. (a) when the buyer, after delivery of goods, does any act inconsistent
with the seller’s ownership, as when he sells or attempts to sell the
goods, or he uses or makes alteration in them in a manner proper only
for an owner; or 
(b) when the buyer, after the lapse of a reasonable time, retains the
goods without intimating his rejection. Thus, the failure of the buyer to
interpose any objection to the invoices issued to it, to evidence delivery
of the materials ordered as per agreement with the seller and which
contained the conditions in question, should be deemed as an implied
acceptance by the buyer of the said conditions. 

2. (a) if he is disturbed in the possession or ownership of the thing

bought; or 
(b) if he has a well-grounded fear that his possession or ownership would
be disturbed by a vindicatory action or foreclosure of mortgage.

III. PROBLEMS

1. a) No, S may not refuse. In the sale of immovable property, even

though it may have been stipulated, as in this case, that upon failure to
pay the price at the time agreed upon the rescission of the contract shall
of right take place, the vendee may pay, even after the expiration of the
period, as long as no demand for rescission of the contract has been
made upon him either judicially or by a notarial act (Article 1592, New
Civil code). Since no demand for rescission was made on B, either
judicially or by a notarial act, S cannot refuse to accept the payment
offered by B days after the expiration of the period.
b) Yes, In the case of personal property (which has not yet been
delivered to the vendee), the vendor can rescind the contract, as a
matter of right, if the vendee, without any valid cause, does not (1)
accept delivery or (2) pay the price unless a credit period for its payment
has been stipulated.

2. No, B is not liable to pay interest. According to Art. 1589, the vendee
shall owe interest for the period between the delivery of the thing and the
payment of the price, in the following three cases: (1) Should it have
been so stipulated; (2) Should the thing sold and delivered produce fruits
or income; (3) Should he be in default, from the time of judicial or
extrajudicial demand for the payment of the price. But since it hasn’t
been stipulated by them, it voids the seller’s right to owe interest which is
stated in Art. 1956.