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Zarah Notes (Contract of Sale Object of Sale)
Zarah Notes (Contract of Sale Object of Sale)
Jurisprudence:
Leabres v. CA
G.R. No. L-41847; 12 December 1986
DOCTRINE: An examination of the receipt reveals that the
same can neither be regarded as a contract of sale or a
promise to sell.
The requisites of a valid contract of sale namely:
(1) consent or meeting of the minds of the parties;
(2) determinate subject matter;
(3) price certain in money or its equivalent; - are lacking
in said receipt and therefore the "sale" is not valid nor
enforceable.
Distinguished from other contracts:
Barter (Art. 1468, 1638, 1954)
In barter, the consideration is the giving of a thing; In
sale, it is giving of money as payment.
Both are governed by law on sales.
If consideration consists partly in money and partly by
thing, look at manifest intention.
Depends on the intention of the parties if they
consider their transaction as barter or sale.
If the value of thing is equal or less than amount of
money, it is sale.
Jurisprudence:
Quiroga v. Parsons
G.R. No. L-11491; 23 August 1918
RULING: The Court ruled that the contract by and between
the plaintiff and the defendant was one of purchase and
sale, and that the obligations the breach of which is alleged
as a cause of action are not imposed upon the defendant,
either by agreement or by law.
In order to classify a contract, due attention must be given to
its essential clauses.
In the contract in question, what was essential, as
constituting its cause and subject matter, is that:
The plaintiff was to furnish the defendant with the beds
which the latter might order, at the price stipulated, and that
the defendant was to pay the price in the manner stipulated.
Payment was to be made at the end of sixty days, or before,
at the plaintiffs request, or in cash, if the defendant so
preferred, and in these last two cases an additional discount
was to be allowed for prompt payment.
Kinds of Sale
(1) Absolute seller does not reserve his title over the
thing sold and thus, upon delivery, ownership passes
regardless of WON buyer has paid.
(2) Conditional condition/s are imposed by the seller
before ownership will pass
*CONDITION An event may may give rise or extinguish
and obligation as agreed by the contracting parties.
May be a past event if the knowledge there of is unknown
yet.
Contract to Sell
Ownership is reserved by the seller despite delivery;
considered as a special kind of conditional sale; the