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English Rule: if material is more valuable- SALE; if skill is a. The manifest intention of the parties
more valuable Piece of Work b. If the intent is not clear, apply the following rules:
1. If the thing is more valuable than money
barter
2. If the money and the thing are of equal value sale
.
3. If the thing is less valuable than money sale
Contract for Piece
Sale
of Work
Sale Dation in Payment
1. The thing 1. The thing
transferred is one transferred is one 3. No pre-existing 1. Pre-existing credit
not in existence and which would have credit
which never would existed and would 2. Obligations are 2. Obligations are
have existed but for have been the created extinguished
the order of the subject of sale to
party desiring to some other person, 3. Consideration on 3. Consideration of
acquire it even if the order had the part of the seller the debtor is the
not been given is the price; on the extinguishment of
part of the buyer is the debt; on the part
2. The services 2. The primary the acquisition of the of the creditor, it is
dominate the objective of the object the acquisition of the
contract even though contract is a sale of object offered in lieu
there is a sale of the manufactured of the original credit
goods involved item; it is a sale of
goods even though 4. Greater freedom 4. Less Freedom in
the item is in determining determining the
the price price
manufactured by
labor furnished by
the seller and upon 5. Buyer still has 5. The payment is
previous order of to pay the price received by the
the customer debtor before
the contract is
3. Not within the 3. Within the Statute perfected.
Statute of Frauds of Frauds
EFFECT OF LOSS AT THE TIME OF SALE: When does it not correspond to the description/ sample?
a. Thing entirely lost at the time of perfection: Contract is void - The bulk of goods delivered do not correspond to the
and inexistent description/ sample
a. Thing only partially lost: Vendee may elect between When does it not correspond to the description & sample?
withdrawing from the contract or demanding the remaining - It is not sufficient that the bulk of goods correspond to the
part, paying its proportionate price sample alone if they do not correspond to the description