Sales Agency Labor and Commercial Laws

Sales Agency Labor and Commercial Laws

This book is intended for the use of commerce students. An attempt is made to condense or rephrase the legal provisions in a simple manner and to correlate them so that they will be easily understood.



AnswersQuestions
Decayed food unfit for consumptionWhich of the following things is illicit per se?
It is a suspensive condition because when exercised, the right of ownership acquired by the vendee is extinguished.Which of the following is incorrect regarding the nature of conventional redemption?
Warehouse receiptIt is a contract or receipt for goods deposited with
a warehouseman containing the latter's undertaking to hold and deliver the said
goods to a specified person, to order, or to bearer.
Sale by descriptionThis contract is an agreement whereby one of the parties (called the seller or vendor) obligates himself to deliver something to the other (called the buyer or purchaser or vendee) who, on his part, binds himself to pay therefor a sum of money or its equivalent (known as the price).
voidThe sale of a vain hope or expectancy is
BilateralBoth the contracting parties are bound to fulfill correlative obligations towards each other — the seller, to deliver and transfer ownership of the thing sold and the buyer, to pay the price.
The expenses of the contract, if the vendor has paid themWhen the warranty has been agreed upon or nothing has been stipulated on this point, in case eviction occurs, the vendee shall have the right to demand of the vendor: (choose the incorrect)
1 yearThe action for rescission or damages must be
brought within one year from the execution of the deed of sale. If the period
has already elapsed, the vendee may only bring an action for damages within ______________ from the date of the discovery of the non-apparent burden or servitude.
all of the choices are future goodsGoods which form the subject of a contract of sale may be either existing goods or future goods. Which of the following is an example of future goods?
The correct answer is: if the disturbance is not a mere act of trespassIn the following cases, the vendee cannot suspend the payment of the price even if there is disturbance in his possession or ownership of the thing sold: (choose the incorrect)
The correct answer is: Assignment of credit and other incorporeal rights is a real, bilateral, onerous, and commutative or aleatory contract.Which of the following is incorrect regarding the nature of assignment of credit?
Accidental elementsThese are elements of a contact of sale which may be present or absent depending
on the stipulations of the parties, like conditions, interest, penalty, time or
place of payment, etc.
real or personal, tangible or intangibleThese are kinds of contact of sale as to the nature of the subject matter.
10 yearsIn a contract of sale with pacto de retro, the parties may legitimately fix any period they please, not in excess of _____________, for the redemption of the property sold by the vendor. The determination of the right of redemption may be made to depend upon the delinquency of the vendor.
Implied warranty as to seller's titleThe seller guarantees that he has a right to
sell the thing sold and to transfer ownership to the buyer who shall not be
disturbed in his legal and peaceful possession thereof.
specialThe modes or causes of extinguishing the
contract of sale may be classified into common, special and extra-special. These are c
All of the choices are true.Which of the following is true?
AccessionsThey are the fruits of a thing; or additions to, or
improvements upon, a thing such as the young of animals, house or trees on a
land, etc.
The correct answer is: Where there is no agreement, the place of delivery is the seller's place of busines
Should the buyer take possession of the goods or should the seller send them? In other words, where is the place of delivery? The following are the rules: (choose the incorrect)
CommutativeThe thing sold is considered the equivalent of
the price paid and vice versa.
if the disturbance is not a mere act of trespassIn the following cases, the vendee cannot suspend the payment of the price even if there is disturbance in his possession or ownership of the thing sold: (choose the incorrect)
rescissibleWhenever the wards or absentees
whom they represent suffer lesion by more than 1/4 of the value of the things
which are the object thereof, contracts of sale entered into by guardians or representatives of absentees are
The correct answer is: It is a suspensive condition because when exercised, the right of ownership acquired by the vendee is extinguished.Which of the following is incorrect regarding the nature of conventional redemption?
If the thing is lost after perfection but before its delivery, that is, even before the ownership is transferred to the buyer, the risk of loss is shifted to the buyer as an exception to the rule of res perit domino; andWhich of the following is true?
Ascertained goodsThey mean goods that are identified and agreed upon
as forming the subject matter of the bargain.
3If the animal sold is suffering from any
disease at the time of the sale, the vendor is liable should it die of said
disease within ______________ days from the date of the sale (not date of delivery).
right of usufructAll of the following are intransmissible rights except
voidIf the vendor acted in bad faith, any stipulation exempting the vendor from the obligation to answer for eviction shall be
voidA contract of sale of animals shall be _____________ if the use or service for which they are acquired has been stated in the contract, and they are found to be unfit therefor.
good customsAside from being (a) determinate, the law
requires that the subject matter of a contact of sale must be (b) licit or lawful, that is, it
should not be contrary to law, morals, _____________, public order, or public policy,
and should (c) not be impossible.
There must be a waiver of warranty on the part of the vendeeThe following requisites must concur for the existence of the warranty against hidden defects except
dation in paymentIt is the alienation of property to the creditor
in satisfaction of a debt in money. It is governed by the law on sales. As such
the essential elements of a contract of sales, namely, consent: object certain,
and cause or considerations, must be present.
rescind the contract of sale by returning or offering the return of the goods, and recover no price or any part thereof which has been paidThe following are remedies allowed to the buyer when the seller has been guilty of a breach of promise or warranty except
CompromiseIt is a contract whereby the parties, by
reciprocal concessions, avoid a litigation or put an end to one already
commenced. It is the amicable settlement of a controversy.
agencyIt is a contract whereby a person binds himself to render some service or to do something
in representation or on behalf of another, with the consent or authority of the
latter.
Traditio constitutum possessoriumThis mode of delivery takes place when the vendor continues in
possession of the property sold not as owner but in some other capacity, as for
example, when the vendor stays as a tenant of the vendee.
all of the choicesIf the vendor was aware of the hidden defects
in consequence of which the thing sold was lost, he shall bear the loss because
he acted in bad faith. In such case, the vendee has the right to recover:
Sale by descriptionIt occurs where a seller sells things as being of
a particular kind, the buyer not knowing whether the seller's representations
are true or false, but relying on them as true; or, as otherwise stated, where
the purchaser has not seen the article sold and relies on the description given
him by the vendor, or has seen the goods but the want of identity is not
apparent on inspection.
10 years 
Assignment of credit and other incorporeal rights is a real, bilateral, onerous, and commutative or aleatory contract.Which of the following is incorrect regarding the nature of assignment of credit?
contract to sell with reserved titleIn this contract, full payment is a positive
suspensive condition, the failure of which is not a breach, casual or serious,
of the contract but simply an event that prevents the obligation of the vendor
to convey title from acquiring binding force.
RedhibitionIt is the avoidance of a sale on account of some
vice or defect in the thing sold, which renders its use impossible, or so
inconvenient and imperfect that it must be supposed that the buyer would not
have purchased it had he known of the vice.
SubrogationIt is the change in the person of the creditor
with the credit being extinguished.
The correct answer is: If the thing is improved by its nature, or by time, the improvement shall inure to the benefit of the debtorWhich of the following is incorrect regarding the rules in case of loss, deterioration, or improvement of thing before delivery?
The correct answer is:This mode of delivery takes place by the mere
consent or agreement of the contracting parties as when the vendor merely
points to the thing sold which shall thereafter be at the control and disposal
of the vendee.
barter or exchangeBy the contract of _________________, one of
the parties binds himself to give one thing in consideration of the other's
promise to give another thing.
resolutory conditionIt is an uncertain event upon the happening of
which the obligation (or right) subject to it is extinguished.
SaleThis contract is an agreement whereby
one of the parties (called the seller or vendor) obligates himself to deliver
something to the other (called the buyer or purchaser or vendee) who, on his
part, binds himself to pay therefor a sum of money or its equivalent (known as
the price).
The vendor is so deprived by virtue of a final judgmentThe following are essential elements of warranty against eviction except
warrantyIt is a statement or representation made by the
seller of goods, contemporaneously and as a part of the contract of sale,
having reference to the character, quality, or title of the goods, and by which
he promises or undertakes to insure that certain facts are or shall be as he
then represents them.
voidIf the price is simulated, the sale is _____________, but the act may be shown to have been in reality a donation, or some other act or contract.
The buyer must bear the expenses of delivery of the goods after the exercise of the rightThe following are requisites for the exercise of right of stoppage in transitu except
EvictionIt may be defined as the judicial process,
whereby the vendee is deprived of the whole or part of the thing purchased by
virtue of a final judgment based on a right prior to the sale or an act
imputable to the vendor.
Traditio brevi manuThis mode of legal delivery happens when the
vendee has already the possession of the thing sold by virtue of another title
as when the lessor sells the thing leased to the lessee. Instead of turning
over the thing to the vendor so that the latter may, in turn, deliver it, all
these are considered done by action of law.