OBLIGATIONS OF THE VENDEE The injured party may, depending upon the

1. What are the principal obligations of the vendee? circumstances of the case:
a) Refuse to proceed further with the contract
1) Accept delivery and sue for damages for breach of the
2) Pay the price entire contract; or
3) To bear the expenses for the execution & b) Claim compensation but not damages, if
registration of the sale and putting goods in a the breach is severable. (Art. 1583)
deliverable state, if such is the stipulation
6. Has the buyer an absolute right to examine the
2. What are the pertinent rules? goods before he accepts them?
The buyer does not have an absolute right of
(1) In a contract of sale, the vendor is not required examination since the seller is bound to afford the
to deliver the thing sold until the price is paid nor buyer a reasonable opportunity of examining the
the vendee to pay the price before the thing is goods only “on request.”
delivered in the absence of an agreement to the
contrary 7. In what manner may the buyer accept the goods
(2) If stipulated, then the vendee is bound to accept delivered (Modes of manifesting acceptance)?
delivery and to pay the price at the time and 1. Express acceptance takes place when the
place designated buyer after delivery of the goods intimates to the
(3) If there is no stipulation as to the time and seller, verbally or in writing, that he has
place of payment and delivery, the vendee is accepted them.
bound to pay at the time and place of delivery 2. Implied acceptance takes place:
(4) In the absence also of stipulation, as to the a. When the buyer, after the delivery of
place of delivery, it shall be made wherever the goods, does any act inconsistent with the
thing might be at the moment the contract was seller’s ownership, as when he sells or
perfected attempts to sell the goods, or he uses or
(5) If only the time for delivery of the thing sold has make alteration in them in a manner only
been fixed in the contract, the vendee is for an owner;
required to pay even before the thing is b. When the buyer, after the lapse of a
delivered to him; if only the time for payment of reasonable time without intimating his
the price has been fixed, the vendee is entitled rejection.
to delivery even before the price is paid by him. 8. What is acceptance?
An assent to receive delivery as transferring
3. At what time and place shall payment and possession and ownership in the goods
acceptance or delivery be made?
9. Kinds of acceptance
At the time and place stipulated in the contract, if not
stipulated at the time and place of the delivery of the  Express Acceptance
thing sold.  Implied Acceptance

4. Is the buyer bound to accept delivery by 10. COD sales. What are the instances when buyer has
installments? no right to examine?
 When there is an agreement to that effect
General rule. — In an ordinary contract for the sale
of goods, the buyer is not bound to receive delivery  When the goods are delivered C.O.D. unless
of the goods in installments. there is an agreement or a usage of trade
PERMITTING such examination. (Art. 1584)
5. In case the contract provides for delivery of goods by
stated installments which are to be paid for 11. What are the cases of implied acceptance?
separately, what remedies are available in case the
seller makes defective deliveries in respect of one or  When the buyer, after delivery, does any
more installments, or the buyer neglects or refuses act inconsistent with the seller’s ownership
without just cause to take delivery of or to pay for one  When the buyer, after the lapse of a
or more installments? reasonable time, retains the goods without
intimating his rejection.
12. Does acceptance by the buyer bar any action for This agreement is not valid, hence, the vendee may
damages against the seller? pay even after the expiration of the period for
Acceptance of the goods by the buyer does not payment as long as no demand for rescission has
discharge the seller from liability in damages or other been made upon him either judicially or by notarial
legal remedy (like rescission) for breach of any act.
promise or in the contract of sale. 20. When shall automatic rescission of the sale of
13. What is required of the buyer if he rightfully refuses movable property take place?
to accept the goods? The rescission of the sale shall of right take place in
It is sufficient if he notifies the seller that he refuses the interest of the vendor, if the vendee, upon the
to accept them. If he voluntarily constitutes himself a expiration of the period fixed for the delivery of the
depositary thereof, he shall be liable as such. thing, should not have appeared to receive it, or,
having appeared, he should not have tendered the
14. What is the effect of the buyer's wrongful refusal to price at the same time, unless a longer period has
accept the goods? been stipulated for its payment.

The title thereto passes to him from the moment they ACTIONS FOR BREACH OF CONTRACT OF SALE OF
GOODS
are placed at his disposal.
21. Who may file an action for breach of contract of sale
15. When shall the vendee pay interest on the purchase of goods?
price?
Vendee is liable to pay interest from the delivery of
the thing until payment of the price 22. What are the actions available for breach of contract
of sale of goods available to the seller?
16. What are the cases where the vendee can suspend
the payment of the purchase price? 23. Under what circumstances can the seller avail of any
of the actions for breach of contract of sale of goods?
1) If he is disturbed in the possession or ownership
of the thing bought 24. When may the seller maintain an action against the
2) If he has a well-grounded fear that his buyer for damages?
possession or ownership would be disturbed by 25. What is the measure of damages the seller can
a vindicatory action or foreclosure of mortgage recover from the buyer?
26. When may the seller sue for rescission of the
17. What are the cases where the vendee cannot contract?
suspend the payment of the price?
27. What are the actions available to the buyer in case
1) If the vendor gives security for the return of the of breach of contract by the seller?
price in a proper case;
2) If it has been stipulated that notwithstanding 28. What are the requisites to be performed in case the
any such contingency the vendee must make buyer elects to rescind the contract?
payment 29. Under what cases is the remedy of rescission not
3) If the vendor has caused the disturbance or available to the buyer?
danger to cease
4) If the disturbance is a mere act of trespass
5) If the vendee has fully paid the price EXTINGUISHMENT OF SALE
30. How is the contract of sale extinguished?
18. When may the vendor immediately sue for rescission
31. What is conventional redemption?
of the sale of immovable property?
32. What is another term for a sale with a right to
• GR: the vendor may sue for rescission of the
repurchase?
contract should vendee fail to pay the agreed price
33. Does conventional redemption apply to sales of both
19. What is the effect of a stipulation in a contract of sale
immovable and movable property?
of immovable property authorizing automatic
rescission of the sale? 34. What are the cases where the contract with a right to
repurchase be presumed as an equitable mortgage?
35. What is equitable mortgage? 53. What requisites must be present for a co-owner to
36. In case of doubt, how shall a contract purporting to exercise the right of legal redemption?
be a sale with right to repurchase be construed? 54. For how much shall the co-owner redeem the
property sold?
37. What is the remedy in case the parties really 55. What is the rule if 2 or more co-owners desire to
intended a mortgage but the instrument states that it exercise the right of redemption?
is an absolute sale or with a right to repurchase? 56. If a co-owner sells his share to another co-owner can
38. Within what period shall the right to repurchase be the other co-owners exercise the right of
exercised by the vendor? redemption?
57. Which adjoining owners are granted the right of
39. In the case of sale of immovable property with a right redemption?
to repurchase, does absolute ownership 58. What requisites must be present for adjacent owners
automatically transfer to the vendee if the vendor of rural lands to exercise the right of legal
fails to repurchase within the period stipulated? redemption?
40. Against whom shall the vendor bring his action to 59. Should 2 or more adjoining landowners desire to
repurchase? exercise the right of redemption at the same time,
who of them should be preferred?
41. Who else, aside from the vendor, may exercise the
60. What are the rights of owners of adjoining urban
vendor's right of repurchase?
lands in the case of sale of urban land?
42. If the vendor sells a part of an undivided immovable 61. When shall the adjacent owners of urban lands
with a right to repurchase to the vendee, and the exercise the right of pre-emption?
vendee subsequently acquires the whole immovable 62. When shall the owners of the adjoining lands
under Art. 498, can the vendor be compelled to exercise the right of redemption?
redeem the whole property if he wishes to make use 63. Who shall be preferred in case 2 or more owners of
of his right of redemption? adjoining lands wish to exercise the right of pre
43. If several co-owners of an undivided immovable sold emption or redemption?
their shares Jointly or collectively, in the same 64. Within what time shall the right of pre-emption or
contract with a right of repurchase may anyone of redemption be exercised?
them exercise his right for more than his respective 65. What requisite must be followed so that the deed of
share? sale can be recorded in the Registry of Property?
44. In the case a person sells an immovable alone with 66. If both co-owners and adjoining owners would want
a right to repurchase dies before exercising his right to exercise the right of redemption at the same time,
of redemption, leaving several heirs, may the heirs who shall be preferred?
exercise his right of redemption?
45. If each one of the co-owners of an undivided
immovable sells his share separately but to the same
vendee, can the vendee be compelled to allow
partial redemption?
46. Should the vendee a retro leave several heirs,
against whom shall the action for redemption be
brought?
47. What requisites must be complied with before the
vendor can exercise his right of redemption?
48. In case a piece of land is sold with a right to
repurchase and the vendor avails himself of the right
of redemption what are the rights of the parties to the
fruits of the land?
49. In what condition shall the vendor a retro recover the
thing sold?
50. Define legal redemption.
51. Who are granted the right of legal redemption?
52. What is the purpose of granting the right of legal
redemption to co-owners?