SUBJECT:BSSLAW3 SECTION:AAF DATE DUE: MAY 13 ,2021
SARMIENTO JEFFERSON 20191083@s.ubaguio.edu
TOPIC: THE LAW ON SALES
# WORD MEANING 1 Appropriation The amount necessary to carry out the provisions of Sections 27 and 28 of this Act shall be charged against any available funds and/or savings under the General Appropriations Act of 2000 in the first year of affectivity of this Act. Thereafter, the funds needed for the continued implementation shall be included in the annual General Appropriations Act. With respect to institutional investing, appropriation is the action of a large investor buying up many shares of a public company over an extended period of time. In corporate finance, profits that are not paid out as dividends but are instead added to a company's capital base will be called accumulations. I 2 Apparent That which is clear, plain, and evident. In the law of agency, an agent has apparent authority to represent the person, or principal, for whom he or she acts, when the principal acts in such a manner toward the agent that a reasonable person would plainly assume that the agent was acting for the principal. The great task of adjusting the financial business of the Commonwealth on a permanent basis was one of very great difficulty, as the apparent interests of the states and of the Commonwealth were opposed. 3 Acceptance The acknowledgment of a bill of exchan ge, in writing across the back, bindin g the acceptor to make payment. An acceptance must be written on the b ill and be signed by the drawee. An ac ceptance is either general or qualifie d. In the case of a general acceptance , the assent is without qualification to the order of the drawer. 3 Affidavit An affidavit is voluntarily made witho ut any cross-examination of the affian t and, therefore, is not the same as a deposition, a record of an examination of a witness or a party made either vo luntarily or pursuant to a subpoena, a s if the party were testifying in cour t under cross-examination. A pleading— a request to a court to exercise its j udicial power in favor of a party that contains allegations or conclusions of facts that are not necessarily verifie d—differs from an affidavit, which sta tes facts under oath. Affidavits are used in business and in judicial and administrative proceeding s. 4 Bottomry Maritime law a contract whereby the ow ner of a ship borrows money to enable the vessel to complete the voyage and pledges the ship as security for the l oan The pledging of a ship as security for a loan; if the ship is lost the debt i s canceled can be considered bottomry. 5 Commerce The exchange of goods, products, or a ny type of Personal Property. Trade and traffic carried on between different peoples or states an d its inhabitants, including not only the purchase, sale, and exchange of co mmodities but also the instrumentaliti es, agencies, and means by which busin ess is accomplished. The transportatio n of persons and goods, by air, land, and sea. The exchange of merchandise o n a large scale between different plac es or communities. The sense in which the word commerce i s used in the constitution seems not o nly to include traffic, but intercours e and navigation. 6 Circulation Orderly movement through a circuit especially: the movement of blood through the vessels of the body induced by the pumping action of the heart. Passage or transmission from person to person or place to place especially: the interchange of currency coins in circulation. The addressee is not responsible generally for any negligence of the hirer in operating the car. And if workmen had been employed thereon, the bailor would also be obligated to pay for their labor. 7 Assumption The undertaking of the repayment of a debt or the performance of an obligation owed by another. When a purchaser of real property assumes the mortgage of the seller, he or she agrees to adopt the mortgage debt, becoming personally liable for its full repayment in case of default. People might make the assumption that you're a nerd if you wear glasses, even though that's not true. 8 Adverse An adverse interest in real property is a claim against the property, such as an easement. A potential adverse was purportedly held back in the hope of a higher price. 9 Alteration An alteration is a variation made in the language or terms of a legal document that affects the rights and obligations of the parties to it. When this occurs, the alteration is material and the party who did not consent to the change can be released from his or her duties under the document by a court. An alteration of document causes a confusion that may often lead to breach. 10 Commerce As applied to notes, bonds, and other written instruments, this term means that they are truly what they purport to be, and that they are not false, forged, fictitious, simulated, spurious, or counterfeit. Legal documents that are genuine are very much need for contract signing. 11 Impair to damage or make worse by or as if by diminishing and to diminish the value of (property or property rights) Any law which enlarges, abridges, or in any manner changes the intention of the parties, resulting from the stipulations in the contract, necessarily impairs it. 12 Implementatio Implementation is the carrying out, n execution, or practice of a plan, a method, or any design, idea, model, specification, standard or policy for doing something. As such, implementation is the action that must follow any preliminary thinking in order for something to actually happen. Implementation of the reforms was kept to a very strict timetable 13 Endorsement A signature on a commercial paper or document. An endorsement on a negotiable instrument, such as a check or a promissory note, has the effect of transferring all the rights represented by the instrument to another individual. The notes must also be made payable to a definite person and require endorsement, safeguards which were previously lacking. 14 Insufficient What is not competent and something that is not enough. It may also dismiss a case on grounds of insufficient evidence. 15 Jurisdiction Jurisdiction is the practical authority granted to a legal body to administer justice, as defined by the kind of case, and the location of the issue. In federations like the united states, areas of jurisdiction apply to local, state, and federal levels. 16 Miscarriage An outcome in a judicial proceeding that is unjust especially : an error made in a court of law that results in an innocent person being punished or a guilty person being free In the vast majority of cases involving contracts, there is no way of preventing a miscarriage. 17 Merchantable “Merchantable” is equivalent to “marketable” or “sellable.” Goods are merchantable when they are of reasonable quality within expected variations and are fit for sale in usual course of trade, at usual selling price. The finance house will be liable if the goods are not of merchantable quality 18 Notaries A type of lawyer who has the legal authority to see that documents are correctly signed or that they are true copies, and to make these documents official or legal: The completed form must be taken to a notary public prior to being signed. The master of the faculties regulates the appointment of notaries public, and all dispensations which fall under 25 Hen. 19 Obligation An obligation is a course of action that someone is required to take, whether legal or moral. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations But the respective obligations of parties where repairs are, as they always are in leases for years, the subject of express covenant, may vary indefinitely. 20 Pledge A pledge is a bailment that conveys possessory title to property owned by a debtor to a creditor to secure repayment for some debt or obligation and to the mutual benefit of both parties. The term is also used to denote the property which constitutes the security. The pledge is a type of security interest. Sale or Pledge may means a voluntary or involuntary sale, conveyance, mortgage, grant, bargain, encumbrance, pledge, assignment, grant of any options with respect to, or any other transfer or disposition 21 Redemption The liberation of an estate in real property from a mortgage. Redemption is the process by which land that has been mortgaged or pledged is bought back or reclaimed. It is accomplished through a payment of the debt owed or a fulfillment of the other conditions. A reserve of 10 Million of gold had been accumulated for the redemption of these notes. 22 Statute An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing. A statute is a written law passed by a legislature on the state or federal level. Statutes set forth general propositions of law that courts apply to specific situations. Protection for the consumer is laid down by statute. 23 Solidary Solidary liability refers to liability of any one debtor among two or more joint debtors to pay the entire debt if the creditor so chooses. It is equivalent to joint and several liability in the common law There is a solidarity between the chosen few and the masses which produce them; each has a duty to the other. 24 Stipulation An agreement between the parties to a lawsuit. For example, if the parties enter into a stipulation of facts, neither party will have to prove those facts: The stipulation will be presented to the jury, who will be told to accept them as undisputed evidence in the case. The only stipulation the building society makes is that house must be insured. 25 Valid Binding; possessing legal force or strength; legally sufficient. A valid contract, for example, is one that has been executed in compliance with all the requisite legal formalities and is binding upon, and enforceable by, the individuals who executed it. A valid Sale has four essential elements that includes Offer & acceptance and others. 26 Reliability In the law of evidence, the aspect of evidence that the fact-finder feels able to rely upon in coming to a decision. Before the evidence can be relied upon, it must usually also be credible. A reliability of a contract is always a must. 27 Vendor Seller; an individual who transfers property for sale; merchant; retail dealer; supplier. The term vendor is frequently used in reference to an individual who sells real property Whereas the vendor has offered to sell the said plot to meet his / her urgent family necessities and the vendee has accepted the offer and agreed to purchase the said property for a total sale consideration OF A CERTAIN PRODUCT 28 Warranty A promise or assurance that may be express, implied by the circumstances, or implied by law. A warranty might be an express or implied statement that particular facts are true (for example, that merchandise may be used for particular purposes or that the seller has clear title to real estate). If the warranty is limited, the terms may entitle you to a replacement or refund. 30 Indemnity Indemnity is a contractual obligation of one party to compensate the loss incurred to the other party due to the acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless" A duty of care may arise where the official receiver could be considered an indemnity of the property. 31 Chattel A chattel mortgage is a conditional mortgage sale of personal property as security for the payment of a debt, or the performance of some other obligation specified therein, the condition being that the sale shall be void upon the seller paying to the purchaser a sum of money or doing some other act named. The borrower offers his house and lot as a chattel mortgage to his debt. 32 Coextensive Coextensive is having the same spatial or temporal scope or boundaries. When there are contingencies in a contract of sale, both seller and buyer have the coextensive rights and obligations. 33 Construe It is to determine the meaning of the words of a written document, statue or legal decision based upon rules of legal interpretation as well as normal meanings. We construe contract of sale as an agreement wherein a vendor obligates himself to deliver and transfer something to the other party or buyer who, on his part, obligates himself to pay the price. 34 Contingency Contingency means something that could happen or come up depending on other occurrences or something that is possible, uncertain or unpredictable. The vendor prepared document for any contingency in the process of sale. 35 Countermand Countermand means a contradictory command cancelling or reversing a previous command; to annul by recalling or rescinding. When a seller countermand the contract of sale or any of their agreements, the seller would be liable and the contract would be inefficacious. 36 Diminution It is the process or an instance of becoming gradually less in size or importance or instance of diminishing of something. The buyer observes the diminution in value of the machine purchased and process a recoupment for the diminution. 37 Duress Duress describes the act of using force, false imprisonment, coercion, threats, or psychological pressure to compel someone to act contrary to their wishes or interests or a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. The contract of sale is inefficacious when a buyer is under duress when the agreement was made. 38 Garnishment Garnishment is when money is legally withheld from your paycheck and sent to another party. It refers to a legal process that instructs a third party to deduct payments directly from a bank account or personal money. If goods are delivered to a bailee by the owner whose act in conveying the title to them to a purchaser in good faith for value should be attached by garnishment. 39 Cross- In law, cross-examination is the examination interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect. The cross-examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility. 40 Impounded It is to seize and take legal custody of something, especially a vehicle, goods, or documents because of an infringement of a law. Goods were impounded due to selling in restricted streets in Baclaran. 41 Promulgation Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. Their promulgation aroused a storm among the conquerors. 42 Induce Induce means to offer something of benefit or value or a reason which would influence, persuade, coax, encourage or invite a person to act. The seller induces a free item to the buyer to buy the product. 43 Inefficacious Inefficacious is lacking the power to produce desired effect. If the parties do not subsequently agree upon the price, the contract shall be inefficacious. 44 Injunction An injunction is a court order requiring a person to do or cease doing a specific action. It is an extraordinary remedy that courts utilize in special cases to alter or maintain the status quo, depending on the circumstances, particularly where the defendant-party must stop its course of action to prevent possible injustice and irreparable harm to the plaintiff. They have obtained an injunction restraining the company from selling the product. 45 Licit Licit is conforming to the requirements of the law or not forbidden by law. Government is demanding stricter regulation of the sale of licit vaccines especially in this time of pandemic. 46 Litigation It is an action brought in court to enforce a particular right. It is the act or process of bringing a lawsuit in and of itself; a judicial contest, any dispute. The defendant brought to litigation due to the fraudulent contract of sale he made. 47 Lump sum Lump sum is the payment of an entire debt all at once rather than in installments and the payment of a set amount of money to satisfy a pecuniary obligation that might otherwise continue indefinitely. The buyer paid the lump sum of the real estate and received 25% discount for doing so. 48 Merchantable It is merchantable when a product of a high enough quality to make it fit for sale or must be usable for the purpose it is made. Buyers always check first the product if it attains the merchantable quality. 49 Notary Public A notary public is an officer authorized by the state in which the person resides to administer oaths, take acknowledgments, and certify documents and to take depositions if the notary is also a court reporter. The signature and seal or stamp of a notary public is necessary to attest to the oath of truth of a person making an affidavit. The creditor and debtor took a pledge to the sale thing’s due time before the Notary Public. 50 Recoupment Recoupment is the setting forth of a demand arising from the same transaction as the plaintiff's claim, to abate or reduce that claim. It is the means used to determine the proper liability on the amounts owed. The delivered products were insufficient to the agreed amount between the seller and the buyer, that’s why the buyer asks for recoupment to recover the deficiencies.
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips