By the person to whom the therein, to order or bearer. Title of the person to whose order by person, to order or bearer. The direct obligation of the bailee to hold possession of the goods for Ver. RFBT him, as if the bailee had contracted Bailee to him directly. The bailee has the direct obligation to hold NOTE: Mere transfer foes not acquire possession of the goods for the original directly the obligation of the bailee.
To owner. The goods cannot be attached or acquire it, he must notify the bailee. Indorser hall not be liable for any failure on 1. Title of the goods as against the the part of the bailee or previous indorsers transferor; to fulfill their respective obligation.
Right to notify the bailee of the transfer thereof; Effect of typographical or Grammatical 3. Right, thereafter, to acquire the Error obligation of the bailee to hold It does not destroy the negotiability of the goods for him. UNPAID SELLER If a negotiable document of title is transferred for value by delivery, and Unpaid seller is one who has not been paid indorsement is essential for negotiation, the whole amount of the price or one who The right of the transferee are: received a negotiable instrument and it has 1.
Right to the goods as against the been dishonored, buyer is insolvent, or transferor; otherwise. Right to compel the transferor to indorse Rights of the Unpaid Seller Negotiation shall take effect as to the time 1 Right to lien of goods or the rights to when indorsement is actually made. Document is genuine 3 Right of resale 2. He has a legal right to negotiate or 4 Right to rescind the sale transfer it 3.
He has the right to transfer the title unless he agrees to sell on credit to the goods and that goods are merchantable or fit for a particular A When available: purpose 1. Goods sold without stipulation as to credit 2. Goods are sold on credit, but credit term has expired 3. Buyer becomes insolvent Ver. By obtaining actual possession unless such part delivery shows an of the goods. By giving notice of his claim to retention. C When lien is lost: Such notice may be given in to the 1.
Delivers the goods to a carrier or person in actual possession or to his other bailee for the purpose of principal. But if given to the transmission to the buyer principal, it must be given at such without reserving the ownership time and under such circumstances in the goods or the right of to be effectual so the principal can possession thereof; prevent delivery. Buyer or his agent lawfully D Effects of exercise: obtains possession of the goods; 1. Goods are no longer in transit 3. By waiver thereof 2.
Carrier shall be liable as depositary or other bailee. Carrier must redeliver the goods to, or according to the An extension of the lien for the price; instructions of the seller entitles unpaid seller to resume possession E When goods are no longer in transit: of the goods while they are in transit before 1.
After delivery to the buyer or his the goods come in possession of the vendee agent in that behalf; A When available: 2. Buyer obtains delivery of the 1. Buyer must be insolvent; goods before arrival at the 2.
Seller must be unpaid appointed destination 3. Goods are in transit 3. Carrier or bailee acknowledges 4. Seller must actually take to hold the goods on behalf of possession of the goods sold or the buyer give notice of his claim to the 4. Carrier or other bailee carrier or other person in wrongfully refuses to deliver the possession. Seller must bear the expenses of 1. Seller has the right to lien or delivery after the exercise of the stoppage in transitu.
Under the following cases: B When goods are considered in transit: a. Goods are perishable by 1. After delivery to carrier or other nature bailee and before the buyer or b. Right to resell is his agent takes delivery of them; expressly reserved 2. Goods are rejected by buyer, and c. Buyer delays in payment carrier or bailee continues to be for an unreasonable time in possession of them, even if Ver. Seller is not liable to the buyer 1. Seller has given his consent for any profit 2.
When purchaser or buyer is a 2. If sells for less than the price, purchaser for value in good faith of seller has right to sue for the a negotiable document of title. New buyer acquires good title as IX. The goods to the seller, and right to recover amount agreed upon is merely an estimate. Seller has the right to lien or previously agreed upon. Under either of the 2 situations: Sale of Real Estate by the Unit a. Right to rescind is The vendor must deliver the entire property expressly reserved agreed upon.
The immovable property b. When buyer delays in the must be of the quality specified in the payment of the price for contract. B Effects of rescission If the entire area could not be delivered, 1. Seller resumes ownership of the then the object of the contract is not goods delivered. Hence the vendee is entitled to 2. Seller shall not be liable to the rescind it. But he may, however, enforce the buyer upon the contract contract with the corresponding decrease in 3. Buyer may be held liable to the price.
If the deficiency in the quality rescind. If the vendee would not have bought notice is relevant in determining the immovable had he known of its reasonableness of time given to the buyer to smaller area or inferior quality. Where immovable of a greater area or Effect if Buyer Sold the Goods number Generally, the unpaid seller's right of lien or Vendee may accept the area included in the stopage in transitu remains even if the contract and reject the rest. The vendee may buyer has sold or otherwise disposed of the not withdraw from the contract.
Double Sale of Real Property Sates the full purchase price based on the a. First registrant in good faith estimate or where both area and boundaries b. First possessor in good faith are stated. Person with oldest title in good faith Boundaries Mentioning the boundaries of the land is The requirement of the law then is two-fold: indispensable in every conveyance of real acquisition in good faith and registration in estate.
The vendor is bound to deliver all good faith. Good faith must concur with the that is included within the said boundaries.
If it would be shown that a The area of which, even if lesser or grater buyer was in bad faith, the alleged than what is stipulated, is immaterial. Conditions may be: the vendor, constitutes gross negligence 1. Waived; or amounting to bad faith. One who purchases 2. Considered as warranties real property which is in the actual possession of another should, at least make Effect of non-fulfillment of Condition some inquiry concerning the right of those 1.
If the obligation of either party is in possession. He can scarely, in the absence subjected to any condition and such of such inquiry, be regarded as a bona fide condition is not fulfilled, such party purchaser as against such possessors. Refuse to proceed with the Prescription of Action contract The action for either recission of the or b.
Proceed the contract, reduction of the price must be brought 6 waiving the performance of months from the day of delivery. If condition is in nature a promise X. Two or more valid contract of sale; breach of warranty. Two or more buyers ; 3. They must pertain exactly to the XII. They must be bought from the It is a promise that a fact is true. In a sale, it same seller. Breach or violation of it gives rise to a suit for damages. Double Sale of Movables Warranty is enforceable only against the - who first takes possession in good immediate vendor of the party faith dispossessed.
RFBT Warranty vs Condition Implied Warranty Warranty Condition It is a natural, not an essential element of a Goes into the contract, and is deemed incorporated in the performance of an contract of sale.
It is inherent. Must be stipulated operation of law Non-fulfillment Non-happening does It may be modified or suppressed by constitutes breach not breach the agreement of the parties. Unless waived, the of contract contract warranties stay. Warrant against hidden defects other circumstances 3. Warranty as to fitness or Kinds of Warranties merchantability 1. Express Warranty 2. Sale of secondhand articles A mere expression of opinion by the seller 3. Sale by virtue of authority in fact or does not import a warranty unless: law 1.
Seller is an expert; and 2. If affirmation or promise. An express warranty can be made by and Elements of Warranty Against Eviction also be binding on the seller even in the sale of a second hand article.
Vendee has been deprived in whole or in part of the thing purchased 2. Deprived by virtue of final judgement Ver.
RFBT 3. Vendor was summoned in the suit for eviction or he may demand rescission of for eviction at the instance of the the contract provided in article , if the vendee buyer lose, by eviction, a part of the thing 5.
There is no waiver on the part of the sold of such importance that he would not vendee have bought it without said part. NOTE: Rescission is not a remedy against 2.
Intencionada total eviction. Rescission contemplates that a. Made by vendee with the one demanding it is able to return knowledge of risk of eviction whatever he has received under the and assumption of its contract. Since the buyer can no longer consequences return the thing sold to the seller, rescission b. Vendor not liable unless cannot be carried out. Return of value of thing 2. Income or fruits of thing a. Completed before sale- vendee can 3. Cost of the suit enforce warranty against eviction 4.
Expenses of the contract b. Completed after sale- vendor is not 5. Damages and interest, and liable for eviction. Because Warranty Against Hidden Defects of, or he has knowledge beforehand of a Encumbrances upon, the Thing Sold presence of a fact giving rise to eviction.
Vendee in bad faith- not entitled to Defects warranty against eviction nor right 1. Defect must be important or serious; to recover damages.
He proceeded 2. Must be hidden to the sale with the assumption of 3. Must exist at the time of sale the risk of eviction. Vendee must give notice of defect to vendor within reasonable time Kinds of Waiver 5. Action for rescission or reduction in 1. Consciente price must be brought within 6 a. No waiver of warranty on the part of of the risks of eviction. Vendor shall only pay the value of the thing sold at the time of eviction Ver.
Vendor aware of hidden defect- he intended use; shall bear the lost due to bad faith. Expenses of the contract which is stipulated, and in absence of 3.
Damages stipulation, that which is adopted to the b. Vendor is not aware- since he acted in nature of the thing, and to the business of good faith, he shall be obliged only the buyer. Price Implied Warranty of Fitness 2. Interest 3. Defect must be hidden Ignorance does not relieve the vendor from 2. Must be of such nature that expert liability.
Good faith cannot be availed of as knowledge is not sufficient to a defense by the vendor. It is based or disclose the hidden defect through on the principle that a sound price ignorance or bad faith. Seller liable if animal dies within 3 days after its purchase due to a disease that Alternative Remedies of the Buyer existed at the time of sale.
Vendee has the option to either: 1. Accion redhibitoria withdraw from Limitation of the action: Rehibitory action the contract must be brought 40 days from the date of 2. Accion quanti minoris reduction in their delivery to the vendee. When servitude is apparent 1. Animals sold at public fairs or public 2. If non-apparent servitude is auctions. Livestock sold as condemned 3. If vendee has knowledge of the Void Sale of Animals encumbrance, registered or not a animals sold are suffering from contagious disease; or XIV.
Animal died with Vices Principal Obligations of the Vendee If loss is caused for fortuitous event or by 1. Accept delivery fault of vendee and animal has vices, the 2. Pay the price buyer may either: 3. Bear expenses for the execution and 1. Vendor not required to deliver the thing imposed upon an immovable for the benefit sold until the price is paid nor the vendee to of another immovable owned by a different pay the price before the thing is delivered in person.
If there is no stipulation as to the time and Immovable sold with Easement place of payment and delivery, the vendee 1. Must be non-apparent is bound to pay at the time and place of 2.
Not indicated in the agreement delivery; 3. Must be of such nature that the vendee would not have acquired the 4. In the absence of stipulation as to the immovable had he been aware place of delivery, it shall be made wherever thereof. If only the time for delivery has been fixed 1. Within 1 year from execution of the the vendee is required to pay even before deed of sale: the thing is delivered to him; art.
Rescission; or b. Delivery in installments art. Damages, within a period of by installments. Time and place stipulated price paid. Download Reviewer. Here is another civil service exam reviewer that I downloaded last year. The civil service exam not only covers English grammar, vocabulary, logic and numerical reasoning, but also general information about the Philippine Constitution, environment protection, peace and human rights, and the Code of Conduct and Ethical Standards.
By downloading and studying these civil service exam reviewers and study materials, you will be able to answer most of the questions correctly and thus pass the exam. If you have any questions or concerns about these civil service reviewers, leave a comment below. Luis is the founder and editor of Tech Pilipinas. He is passionate about technology and how it can change the world for the better.
Thank you for these reviewer materials, it helps a lot for all aspiring applicants who wish to serve our government institution, please continue to help one another. Thank you and God bless! Your email address will not be published. Notify me via email if anyone replies to my comment. For any inquiries or business proposals, e-mail us: [email protected]. All Rights Reserved. No part of this site may be copied, reproduced, modified or distributed without the prior written consent of Luis Reginaldo Medilo.
Wednesday, November 24, Therefore, develop the discipline and self-reliance as early as now by reviewing on your own. There will be no review centers to help you out once you make it to U. To improve your chances of passing the UPCAT, you need not just a solid foundation in high school but familiarity with the difficulty of the exam. The latter can be achieved by taking time-pressured exams with almost the same level of difficulty as UPCAT.
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