Law on sales questions - Answers PDF

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A agrees to sell a sewing machine to B for P400 in cash, and places the machine aboard the truck of B while the latter goes home to fetch money. Before B returns, C appears and claims ownership of the sewing machine, exhibiting a document signed by B selling the machine to C. A rejects C’s claim all...

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A agrees to sell a sewing machine to B for P400 in cash, and places the machine aboard the truck of B while the latter goes home to fetch money. Before B returns, C appears and claims ownership of the sewing machine, exhibiting a document signed by B selling the machine to C. A rejects C’s claim alleging that he is still the owner. Decide with reasons. The owner remains to be A since what was agreed upon by A and B was that the sewing machine was sold by A to B on account. Therefore, unless the purchase price is fully paid, A remains to be the owner of the determinate thing which is the object of the contract between the parties.

X Co. granted to A the exclusive right to sell in the Visayas a certain number of beds which the company was manufacturing at the invoice price of the beds in Manila, with a discount of 20%, the price to be paid at the end of 60 days. What contract is perfected – a contract of sale or a contract of agency? It is a contract of sale and not a contract of agency because B is to pay A at the end of 60 days even if B is unable to resell beds. If B were an agent, he does not need to pay the price even if he is unable to resell it.

X Shoe Store, Inc. entered into separate contracts with two basketball stars, A and B. With A, the agreement was that the shoe store shall deliver at a specified date for a price of P9,000 a pair of shoes of a specified brand which the store had been manufacturing for the general public but which at the time of the contract had already been sold out. With B, the agreement was that the shoe store shall deliver at a specified date for a price P10,000 a pair of shoes to be made especially for him, in accordance with a design submitted by him. What is the nature of these 2 contracts? X shoe store’s contract with A is a contract of sale while their contract with B is a contract for a piece of work. The reason behind is because the object of the contract with A, which are the pair of shoes, is sold in the ordinary course of business of X Shoe Store Inc. even if they are currently sold out during the time of the contract while the goods being sold to B is manufactured specially for him in accordance to his own design and not for the general market.

A sells his only 2020 Mitsubishi Montero Sport to B, his compadre, and leaves it to B to determine the price. If B refuses to fix a price and simply takes the car, is he still obliged to pay the price? Explain Basing from articles 1308 and 1473 of the civil code of the Philippines, fixing of prices as a rule cannot be left to one of the contracting parties, but the sale can be perfected if the other party will subsequently agree and the price is accepted by the other. However, in this case, no price was fixed and the delivery of the thing has been made which, according to the law, the buyer has to pay a reasonable price for the car which refers to the market value of it at the time and place of delivery.

X enters the restaurant of Y and asks the waiter to bring him a dozen of fresh oysters in their shell. After eating, he notices an almost perfect pearl in one of the shells. He is about to take it when the restaurant owner claims the pearl. To whom does the pearl belong? Why? According to the law, the thing sold by the vendor includes the accessories and accessions that comes with it unless expressly excluded. In this situation, the pearl is something that is attached to the oyster naturally making it an accession of the principal thing sold (oyster). As the ownership of the oysters were claimed by X at the time it was delivered to him by the seller, it is only right (by law) for X to be the owner of the pearl as well....