Professional Documents
Culture Documents
Module 6
Module 6
Module 6
Exercise 1
1. The seller agreed to sell and deliver to the buyer on a certain date 10 sacks of Denurado
rice for P15,000. On the date designated, the buyer without any legal ground or valid
reason, refused to accept delivery. Is the buyer liable for damages? Explain.
Yes, the buyer is liable for damages. He is liable for damages because the refusal is without any
valid reasons and legal grounds. Under Article 1596, the seller may maintain an action against
the buyer for damages for non-acceptance.
2. In the case above, what action can the seller file?
The seller can file an action against the buyer for damages for the refusal or non-acceptance of
the goods as provided by Article 1596.
3. The seller told to the buyer a specific washing machine for P25,000. After the delivery of
the washing machine, the buyer failed to pay the price on the date agreed upon. What
action can the seller file? Explain.
The seller can file an action for the payment of the price. Under Article 1595, the seller may
maintain an action against the buyer for the price of the goods when the ownership has passed
to the buyer and he wrongfully neglects or refuses to pay for it. In the case at hand, the object
of the contract has been delivered but the buyer failed to pay the price on the date agreed
upon. Hence, the seller may exercise his right of action for the price.
When the seller is guilty of breach of warranty the buyer is allowed to rescind the contract.
Conventional redemption talks about the right to reacquire the property sold by the vendor.
While in legal redemption, it talks about the right to be subrogated.
TRUE 1. Where the ownership of the goods has passed to the buyer, and he wrongfully
neglects or refuses to pay for the goods, the seller may maintain an action against him for the
price of the goods.
TRUE 2. Where the price is payable on a certain day and the buyer wrongfully neglects or
refuses to pay such price, the seller may maintain an action for the price although the
ownership in the goods has not passed.
TRUE 3. Where the buyer wrongfully neglects or refuses to accepts and pay for the
goods, the seller may maintain an action against him for damages for non-acceptance.
TRUE 4. While labour or expense of material amount is necessary on the part of the seller
to enable him to fulfill his obligations under the contract of sale, the buyer repudiates the
contract, the buyer shall be liable to the seller for labour performed or expenses made before
receiving notice of the buyer’s repudiation.
TRUE 7. Each one of the co-owners of an undivided immovable who may have sold his
share separately, may independently exercise the right of repurchase as regards his own share
and the vendee cannot compel him to redeem the whole property.
FALSE 8. The owners of adjoining lands shall also have the right of redemption when a
piece of urban land, the area of which does not exceed one hectare, is alienated, unless the
grantee does not own any urban land.
FALSE 9. Whenever a piece of rural land which is so small and so situated that a major
portion thereof cannot be used for any practical purpose within a reasonable time, having been
bought merely for speculation, is about to be re-sold, the owner of any adjoining land has a
right of pre-emption at a reasonable price.
TRUE 10. In legal redemption, the right of redemption of co-owners excludes that of
adjoining owners.