Interactive Short Notes

(Articles 1594-1599)

1) In a contract of sale, when the title of the goods has been transferred to
the buyer and he wrongfully neglects to pay for the same according to the
terms of the contract, the seller may maintain an action against the buyer
for the price of the goods.

2) Question #1: Lisa and Jennie entered into a contract of sale for a piece of
land situated in the Province of Cebu. The two girls entered into such
contract on March 15, 2023. They stipulated that the buyer Lisa will pay
the price of P1,000,000 on March 28, while delivery thereof will be done by
the Jennie the seller on April 15 of the same year. On April 10, Lisa had
not yet paid the price, so Jennie demanded the immediate payment
thereof. Lisa refused such demand contending that the possession and
ownership of the land are still with Jennie. Who is correct between the
two?

Answer #1: Jennie, the seller, since the seller in a contract of sale may
maintain an action for the price although the ownership of the thing has
not yet been transferred to the buyer thereof.

3) In a contract of sale, if the buyer wrongfully neglects or refuses to accept

and pay for the price, the seller may maintain an action against him for
damages for non-acceptance.

4) Question #2: Jennie and Jisoo entered into a contract of sale, where
Jennie will deliver to Jisoo a specific pink bag and Jisoo will pay P10,000
for it. On the day of the delivery thereof, Jennie delivered to Jisoo a peach
bag with the same specifications, but valued at a higher price, although
Jennie is okay with the original price of P10,000. Although the peach bag
is more expensive than the stipulated pink bag, Jisoo still refuses to accept
it. Can Jennie maintain an action against Jisso for damages for non-
acceptance?

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 Answer #2: No, since the refusal of Jisso to accept the delivery is with a
valid cause or reason.

5) Instances when the seller can rescind the contract while the goods are still
in his possession
a) the buyer has repudiated the contract of sale
b) the buyer has manifested his inability to perform his obligations in the
contract
c) the buyer has done actions that are in contravention to the terms of
the contract

6) Course available to the buyer in case the seller has broken a contract to
deliver specific or ascertained goods
 The buyer can ask the court, to direct the seller, for the specific
performance of the contract, without giving to the seller the option
of retaining the goods on payment of damages

7) The seller is expected to warrant the things sold. The following are the
options available to the buyer in case the seller was not able to comply
with his obligation (note: when the buyer has claimed and been granted a
remedy in anyone of these ways, no other remedy can thereafter be
granted)
a) Accept or keep the goods and set up against the seller his obligations in
accordance with the warranty
b) Accept or keep the goods and maintain an action against the seller for
the damages caused
c) Refuse to accept the goods and maintain an action against the seller for
his obligations under the warranty
d) The buyer may sue for the rescission of the contract

8) Question #3: Lisa and Rose entered into a contract of sale for a pair of
white shoes. Lisa specifically told her friend Rose that she is willing to buy
a pair of white walking shoes that she can use in her exercise routine. On
the day of the delivery, Rose delivered to Lisa a pair of good white shoes
that are suited for dancing. Can Lisa hold her friend, the seller Rose,
accountable for warranty as to merchantability?

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 Answer 3#: No, since the pair of white shoes delivered as such by Rose
are of good quality and is suitable for the footwear’s general purpose.

9) Question #4: Lisa and Rose entered into a contract of sale for a pair of
white shoes. Lisa specifically told her friend Rose that she is willing to buy
a pair of white walking shoes that she can use in her exercise routine. On
the day of the delivery, Rose delivered to Lisa a pair of good white shoes
that are suited for dancing. Can Lisa hold her friend, the seller Rose,
accountable for warranty as to fitness?

Answer #4: Yes, since the pair of shoes, as delivered, do not correspond
for its specific use and purpose, which is for walking. As such, the pair of
shoes, although of good condition, are not fit for the intended purpose.

10) Question #5: Lisa and Rose entered into a contract of sale for a
pair of white shoes. Lisa specifically told her friend Rose that she is willing
to buy a pair of white walking shoes that she can use in her exercise
routine. On the day of the delivery, Rose delivered to Lisa a pair of good
white shoes that are suited for dancing. Lisa, although noting that the pair
of shoes were dancing shoes, tried them on and liked it right away. She
kept the shoes for a couple of weeks and used them in the dancing classes
that she started attending. Can Lisa later on hold Rose accountable for
her warranty as to fitness and rescind the contract of sale?

Answer #5: Not anymore, since Lisa, at first, accepted the goods without
protest and fails to notify Rose within a reasonable time of her plan to ask
for the rescission of the contract.