Obligations of the Vendee

GROUP 3
De Joya
Gan
Inigo
Lopez
Melad
Socco
Toledo
 Principal Obligations of a Vendee

• To accept delivery
• To pay the price of the thing sold (Art.
1582)
 Summary of Rules

1. The vendor is not required to deliver the thing

sold until the price is paid nor the vendee to
pay the price before the thing is delivered in
the absence of an agreement to the contrary
(Art. 1582);
 Illustration

Pedro sold to Maria a specific television for

P20,000. Pedro is not bound to deliver the
television until payment by Maria; neither is
Maria required to pay P20,000 until delivery by
Pedro.
 Summary of Rules
2. If stipulated, then the vendee is bound to
accept delivery and pay the price at the time
and place designated;
 Illustration

It has been stipulated that Maria must accept the

television and pay the price at the house of Pedro
on April 5, then Maria is bound to accept delivery
and to pay the price on April 5 at the house of
Pedro.
 Summary of Rules

3. If there is no stipulation as to the time and

place of payment and delivery, the vendee is
bound to pay at the time and place of delivery
(Art. 1582);
 Illustration

If there is no stipulation, as to the time and place of

delivery and Pedro delivers the television at the
house of Maria on April 5, then Maria is bound to
pay at the same time and place.
 Summary of Rules
4. In the absence also of stipulation, as to the
place of delivery, it shall be made wherever
the thing might be at the moment the contract
was perfected;
 Illustration

If there is no stipulation, as to the time and place of

delivery and Pedro delivers the television at the
house of Maria on April 5, then Maria is bound to
pay at the same time and place.
 Summary of Rules
5. If only the time for delivery of the thing sold
has been fixed in the contract, the vendee is
required to pay even before the thing is
delivered to him.
 Illustration

If the obligation of Pedro to deliver is subject to a

period which has not yet arrived, Maria is bound
to pay even before the television is delivered to
her.
 Rules on Installments
General Rule:

In an ordinary contract for the sale of goods, the

buyer is not bound to receive delivery of the
goods in installments. Similarly, a buyer has no
right to pay the price in installments.
 Rules on Installments
Exception:

By agreement, however, the goods may be

deliverable by installments or the price payable
installments.
PROBLEM
April 1, Pedro sold to Maria 100 sacks of rice for
P90,000. On April 5, Pedro delivers 25 sacks of rice.

Is Maria bound to accept the 25 sacks of rice?

 Acceptance, Delivery & Ownership
Acceptance is assent to become owner of the
specific goods when delivery of them is offered
to the buyer.

Delivery is the actual delivery.

Ownership of the goods shall be transferred only

upon actual delivery subject to a reasonable
opportunity of examining them to determine if
they are in conformity with the contract.
 Right of Examination Not Absolute
Where goods are delivered to the buyer, which he has not
previously examined, he is not deemed to have accepted them
unless and until he has had a reasonable opportunity of
examining them for the purpose of ascertaining whether they
are in conformity with the contract if there is no stipulation to
the contrary.

Unless otherwise agreed, when the seller tenders delivery of

goods to the buyer, he is bound, on request, to afford the buyer
a reasonable opportunity of examining the goods for the
purpose of ascertaining whether they are in conformity with
the contract. (Art. 1584)
 Waiver of Right to Examine Before
Payment
Where goods are delivered to a carrier by the seller, in
accordance with an order from or agreement with the
buyer, upon the terms that the goods shall not be
delivered by the carrier to the buyer until he has paid
the price, whether such are indicated by marking the
goods with the words "collect on delivery," or
otherwise, the buyer is not entitled to examine the
goods before the payment of the price, in the absence
of agreement or usage of trade permitting such
examination. (Art. 1584)
PROBLEM
On the early morning of February 14, the bouquet
of expensive imported roses that Michelle had
ordered was delivered. Upon receiving, Michelle
asked the seller to stay while she made sure that
she got 12 pink roses.
After counting, she realized that there were 2
white roses included and that there were only 10
pink ones. However, the seller had already rushed
off to another delivery before Michelle was able
to complain.

Can Michelle demand for the replacement of the

white roses?
 Modes of Manifesting Acceptance

1. Express Acceptance – Acceptance is

communicated verbally or in writing.

2. Implied Acceptance– Buyer does any act

inconsistent with the seller’s ownership; or
-- retains the goods without intimating
his rejection after the lapse of reasonable time.
(Art. 1585)
 Delivery and Acceptance
Acceptance is not a condition to complete delivery.
› Delivery is an act of the vendor
› The vendee has nothing to do with the act of delivery
› Acceptance is an obligation on the part of the vendee
› Acceptance cannot be regarded as a condition to
complete delivery
 Example
Ian sold and delivered 100 sacks of potatoes to Tim.
Tim did not communicate his acceptance to Ian,
however, he decided to enter into a contract of
sale with Jave, selling the same 100 sacks of
potatoes.

In this case, the goods were already accepted by

Tim because the act of entering into a contract of
sale is an act inconsistent with Ian’s ownership of
the potatoes.
PROBLEM
Karla sold and delivered 100 sacks of peanuts to
Patricio. Patricio did not communicate his
acceptance to Karla, and stored the sacks of
peanuts in his garage. After a span of 7 months,
the sacks of peanuts were spoiled, and Patricio
decided to return the peanuts to Karla, and
claimed that the peanuts were of poor quality.

Can Patricio return the peanuts?

 Art. 1586
In the absence of express or implied agreement of
the parties, acceptance of the goods by the buyer
shall not discharge the seller from liability in
damages or other legal remedy for breach of any
promise or warranty in the contract of sale. But,
if, after acceptance of the goods, the buyer fails
to give notice to the seller of the breach in any
promise of warranty within a reasonable time
after the buyer knows, or ought to know of such
breach, the seller shall not be liable thereof.
PROBLEM
Juan ordered a shih tzu from the Pet Shop, and had
the dog delivered to his house. When the delivery
arrived, Juan was surprised to receive a cat.
However, he did not reject it.

One day, after two years, the cat ate Juan’s pet
goldfish. Juan was infuriated. He then notified the
Pet Shop of the mistake in delivery and demanded a
replacement.

Is the Pet Shop liable?