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    Topics Questions: Miranda, Romar V

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    Romar Miranda
    The document discusses different types of sales of goods under Philippine law: 1. Sale by description occurs when goods are sold based on the seller's description without the buyer seeing the goods. The description acts as an implied representation that must be accurate. 2. Sale by sample occurs when the seller uses a sample to represent the qualities of the bulk goods being sold, with the understanding that the full shipment will match the sample. 3. Sale by description and sample requires that the full shipment matches both the sample provided as well as the description given by the seller. The "bulk of goods" refers to the full shipment that must substantially correspond to the sample and description.

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    Topics Questions: Miranda, Romar V

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    Romar Miranda
    507 views2 pages
    The document discusses different types of sales of goods under Philippine law: 1. Sale by description occurs when goods are sold based on the seller's description without the buyer seeing the goods. The description acts as an implied representation that must be accurate. 2. Sale by sample occurs when the seller uses a sample to represent the qualities of the bulk goods being sold, with the understanding that the full shipment will match the sample. 3. Sale by description and sample requires that the full shipment matches both the sample provided as well as the description given by the seller. The "bulk of goods" refers to the full shipment that must substantially correspond to the sample and description.

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    Notes_Article 1481_MIRANDA_Romar

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    The document discusses different types of sales of goods under Philippine law: 1. Sale by description occurs when goods are sold based on the seller's description without the buyer seeing the goods. The description acts as an implied representation that must be accurate. 2. Sale by sample occurs when the seller uses a sample to represent the qualities of the bulk goods being sold, with the understanding that the full shipment will match the sample. 3. Sale by description and sample requires that the full shipment matches both the sample provided as well as the description given by the seller. The "bulk of goods" refers to the full shipment that must substantially correspond to the sample and description.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    507 views2 pages

    Topics Questions: Miranda, Romar V

    Uploaded by

    Romar Miranda
    The document discusses different types of sales of goods under Philippine law: 1. Sale by description occurs when goods are sold based on the seller's description without the buyer seeing the goods. The description acts as an implied representation that must be accurate. 2. Sale by sample occurs when the seller uses a sample to represent the qualities of the bulk goods being sold, with the understanding that the full shipment will match the sample. 3. Sale by description and sample requires that the full shipment matches both the sample provided as well as the description given by the seller. The "bulk of goods" refers to the full shipment that must substantially correspond to the sample and description.

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    MIRANDA, ROMAR V.

    Law 235A - Sales


    2 to 4 p.m., Saturday

    TOPICS QUESTIONS
    “In the contract of sale of goods by description
    or by sample, the contract may be rescinded
    if the bulk of the goods delivered do not correspond
    with the description or the sample, and if the contract
    be by sample as well as by description, it is not sufficient
    Article 1481
    that the bulk of goods correspond with the sample
    if they do not also correspond with the description.

    The buyer shall have a reasonable opportunity of


    comparing the bulk with the description or the sample.”
    How are goods sold?
    Sales of goods may be done through:
    SALES OF GOODS (a) By description;
    (b) By sample; and/or
    (c) By description and sample
    What is sale by description?
    Sale by description occurs:
    (a) where a seller sells things as being of a particular kind, the buyer not knowing whether the
    seller’s representations are true or false, but relying on them as true; or
    (b) where the purchaser has not seen the article sold and relies on the description given him by the
    vendor, or has seen the goods but the want of identity is not apparent on inspection.
    What is the rationale behind the sale by description?
    SALE BY DESCRIPTION
    The dealer who sells an article by describing it as the kind of an article of commerce the identity of
    which is not known to the purchaser, must understand that such purchaser relies upon the description
    as a representation by the seller that it is the thing described.
    What if the bulk of the goods delivered do not correspond with the description?
    The contract may be rescinded. (Art. 1481.) But if the thing delivered is as described, the fact that the
    buyer cannot use the thing sold for the purpose for which it was intended without the seller’s fault
    does not exempt the buyer from paying the purchase price agreed upon.
    SALE BY SAMPLE What is sale by description?
    A sale by sample is really a species of sale by description. The sample is employed instead of words
    to communicate to the buyer the characteristics of the goods being sold. It is itself a tacit assertion
    of the qualities of the bulk it represents. The parties contracted solely with reference to the sample,
    with the understanding that the bulk was like it.
    How is sale by sample determined?
    It is determined by the intent of the parties as shown by the terms of the contract and the
    circumstances surrounding the transaction. In a sale by sample, the vendor warrants that the thing sold
    and to be delivered by him shall conform with the sample in kind, character, and quality.
    What is sale by description and sample?
    The sale made whereby the bulk of goods correspond with the sample and also correspond with the
    description.
    What does ‘bulk of goods’ mean?
    The “bulk of goods” mean the same as “goods” which, as a whole body, must correspond
    SALE BY DESCRIPTION AND
    substantially with the sample and description. “Bulk” does not mean greater portion of the goods.
    SAMPLE
    Rather, it is used to denote that the goods as distinguished from the sample with which they must
    correspond.

    The buyer is given a reasonable opportunity of comparing the bulk with the description or the
    example. (Art. 1481, par. 2.)

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