SALES

(Arts. 1545-1623)

Dome, Jay Ann Mr. Marquez

BSA – 21 REGLEB

ASSIGNMENT - 3

Recommended format: Use Microsoft Word and save as PDF file when
submitting/uploading it in the LMS.

Directions. Answer briefly. When answering problems, start with “Yes” or

“No,” followed by the provision/legal basis, and end with application of the
facts, if necessary.

Example:
Question: X and Y entered into a contract of sale whereby X will deliver 100
grams of shabu to Y for which Y will pay a certain price. Is the contract of sale
valid?

Answer: No. Art. 1459 requires that the thing must be licit or lawful for a
contract of sale to be valid. In this case, the sale of shabu is illegal.

1. Portia was looking for a collectible Coca-cola tumbler. Joanne offers

Portia a collectible Coca-cola tumbler, telling her that it was released
around 1996 to 1998 and is worth about Php3,000. Portia saw the
tumbler and was satisfied that it was not yet part of her collection.
Later, Portia learned that said tumbler was really released in 2002 and
is worth only Php2,500. Is there a breach of warranty?

In the number 1 case, there is no breach of warranty. According to

Article 1546, any affirmation of fact or any promise by the seller
relating to the thing is an express warranty if the natural tendency
of such affirmation or promise is to induce the buyer to purchase the
same, and if the buyer purchases the thing relying thereon. However,
in this case even the seller, Joanne, told her an erroneous statement,
the case illustrated that Portia did buy the good sold because of its
appearance as she was able to see it before the sale was completed
and was satisfied because it is still not part of her collection.
2. Maryz, a student, found a ring on the way to school. Believing the
same to be made of authentic gold, sold and represented the same as
such to Camille. Later, Camille learned that the same was fake. Is there
a breach of warranty?

There is no such breach of warranty. Maryz sold the ring to Camille

believing that it was made of gold and has no intentions to made
such fraudulent acts. In the same case, Maryz is not an expert and
just expressed her own opinion in good faith thus, the sale is not
subject to warranty and was only considered as a mistake. In such,
according to Article 1546, express warranty has its limitations and
exemptions.

3. Angela sells her pre-loved clothes and shoes online, expressly stating
that her products are slightly used. Steph saw Angela’s page on line
and bought a pair of sneakers. Upon delivery, she noticed that the
soles of the sneakers have minimal scratches. Is there a breach of
implied warranty?

There's no breach of implied warranty in this case as under Article

1547, implied warranty has its exemptions and one of those are the
sale of secondhand article. In this case, Angela clearly stated that her
items are pre - loved. There is also no stipulation that her items have
no defects or such, no certification assuring the quality of the items
was given. Therefore, there isn't even express warranty that may
arise.

4. Ericka sold her 3-year old service car to Janelle. After (3) days, while
Janelle was driving along EDSA, the car stalled. When brought to a
mechanic, she learned that the car’s engine was due for overhaul.
Janelle informed Ericka, who argued that she does not know of any
problem with the car and has been using the same regularly without
any troubles. Is Ericka liable for warranty against hidden defect?

This is a case illustrating a scenario where implied warranty is not

applicable given that the subject of sale is a 3 - year old service car
of the seller, Ericka, which means it is a secondhand item in which
under Article 1547, sale of secondhand article is an exemption to
implied warranty in such that no certification was given. However, if
in the same case the subject is not a pre - loved item, Ericka would
be liable in accordance to Article 1566 where it states that the vendor
is responsible to the vendee for any hidden faults or defects in the
thing sold, even though he was not aware thereof.
5. Dona intended to put up a small gym business in their subdivision.
She went to Shaine’s sports shop to buy a treadmill. Shaine offered
Dona various treadmills from which she chose. Only after (3) days
of use in the gym, the treadmill broke. Is Shaine liable for warranty
of fitness?

Shaine is not liable for warranty of fitness given that it is not known
to Shaine the intention of Dona to put up a small gym business. In
addition, Dona didn't fully rely with Shaine's expertise given that
Shaine oly offered her various treadmills and she is still the one who
chose what she bought. The transaction is not subject to implied
warranty of fitness stated on Article 1562.