BUSLAW4 QUASI-DELICTS

LESSON 1 An act whereby a person, without malice but by fault, negligence, or

imprudence not legally excusable causes injury to another
SALES
CONTRACTS
OBLIGATIONS
Is the meeting of the minds between two persons whereby one binds
Is a juridical necessity to give, to do and not to do himself, with respect to the other, to do something or to render some
service.
ESSENTIAL REQUISITES OF OBLIGATIONS
PPRINCIPAL CHARACTERISTIC OF CONTRACT
1. Juridical or legal tie
2. Prestation 1. Autonomy
3. Active subject 2. Mutuality
4. Passive subject 3. Obligatory force and consensuality
4. Relativity
SOURCES OF OBLIGATIONS
SALE
1. Law
2. Contracts Article 1458
3. Quasi-contracts
4. Delicts By the contract of sale one of the contracting parties obligates himself
5. Quasi-delicts to transfer the ownership of and to deliver a determinate thing, and
the other to pay therefor a price certain money or its equivalent. A
LAW contract of sale may be absolute or conditional.

 The law itself establishes the obligation CHARACTERISTIC OF A CONTRACT OF SALE

 Rights and obligations arising from law must be clearly defined
for it to be demandable  Consensual
 Bilateral
CONTRACTS  Onerous
 Commutative
Obligations arising from contracts have the force of law between
 Nominate
contracting parties and should be complied with in good faith.
 Principal
QUASI-CONTRACTS
ESSENTIAL REQUISITES OF A CONTRACT OF SALE
 Is the juridical relation
1. Consent
 Resulting from a lawful, voluntary and unilateral act
2. Object or subject matter
 For the payment of indemnity to the end that no one shall be
3. Cause or consideration
unjustly enriched or benefited at the expense of another
NATURAL AND ACCIDENTAL ELEMENTS OF SALE
KINDS OF QUASI-CONTRACTS
1. Natural elements
1. Solutio Indebiti (payment by mistake)
Those which are deemed to exist in certain contracts (e.g
2. Negotiorum gestio (management of another’s property)
warranty)
DELICTS 2. Accidental element
those which may be agreed upon by parties (e.g interest,
Acts or omission punishable by law penalty, terms)
KINDS OF CONTRACT OF SALE SALE VS AGENCY

1. Absolute SALE AGENCY

2. Conditional The buyer pays for the price The agent does not pay for the
of the goods/property price. He merely accounts for
REQUISITES CONCERNING OBJECT purchased. the proceeds of the sale.
The buyer becomes the The agent does not become
owner of the goods/property the owner of the
The thing must be: purchased. goods/property delivered to
him for sale.
1. Determinate Buyer as a general rule The agent returns the
2. Lawful cannot return the goods/property if he was not
3. Not impossible goods/property sold. able to sell the same.
The seller warrants the Does not make any warranty as
goods/property sold. long as he acts within his
Rights as object:
authority and in the name of
the principal.
1. In-transmissible The seller has full freedom to The agent must follow the
2. Transmissible enter into any instructions of the principal.
term/conditions on the
SALE OF UNDIVIDED INTEREST IN A THING contract of sale.

1. Sale by sole-owner
2. Sale by co-owner Contract for a piece of work Contract of Sale
The thing transferred is one The thing transferred is one
SALE OF UNDIVIDED SHARE OF A SPECIFIC MASS not in existence and which which would have existed and
never would have existed but would have been the subject of
Effect of Sale: for the order of the party sale to some other person,
desiring to acquire it. even if the order had not been
1. The buyer becomes co-owner of the whole mass in proportion given.
to the share bought The services dominate the The primary objective of the
2. If later on it was discovered that the goods are less than what contract even though there is contract is a sale of the
a sale of goods involved. manufactured item; it is a sale
was bought, the buyer becomes owner of the whole mass. The
of goods even though the item
seller is bound to deliver the deficiency. is manufactured by labor
furnished by the seller and
SALE SUBJECT TO RESOLUTORY CONDITION upon previous order of the
customer.
Effect of Sale: Not within the Statute of Governable by the Statute of
Frauds. Frauds.
 When the condition is fulfilled, the obligation is extinguished.
 The parties shall return to each other what they have received.
SALE BARTER
CONTRACT Consideration: giving of Consideration: giving of a thing
money as payment
Obligations arising from contracts have the force of law between the Governed by law on sales: species of the genus sales
contracting parties and should be complied with in good faith. If consideration consists partly in money and partly by thing
- Look at manifest intention
If intention is not clear: value If intention is not clear: value
of thing is equal or less than of thing is more than amount
amount of money - sale of money – barter
PRICE CONSIDERED CERTAIN

1. No sale if price is not certain or ascertainable

2. Cases when price is considered certain:
 The parties have fixed the price or agreed upon a definite
amount.
 It can be ascertained with reference to another thing certain.
 The determination of the price is left to the judgment of a 3rd
person.

INADEQUACY OF PRICE IN VOLUNTARY SALES

1. General Rule – does not affect the validity of sale when both
parties are in a position to form independent judgment
concerning the transaction.
2. Exception – where low price indicates defect in the consent the
contract may be annulled due to vitiated consent.