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February 16, 2017-the best way to move

on is to begin
OBLIGATIONS OF THE VENDOR:
(WPD-TT) Sale on Return Sale on Trial/Approval/Satisfaction
1. Transfer ownership
2. Deliver the thing sold when ownership upon delivery (x) upon delivery
3. Warrant against eviction and against vests revested to seller upon approval
hidden defects expressed
4. Take care of the thing, pending implied
delivery, with proper diligence retention
5. Pay for the expenses of the deed of beyond paid fixed
sale, unless there is stipulation to the
contrary
beyond reasonable
time
risk of loss after buyer seller
Kinds of Delivery or Tradition: delivery
1.Actual delivery must have: condition resolutory suspensive
a. Identity depend on Will of buyer character of goods or
b. Integrity subject matter of COS
c. Intention( an act is empty w/out
intention)
2. Legal or constructive
a. execution of a public instrument
b. traditio symbolica
c. traditio longa manu
d. traditio brevi manu
e. traditio constitutum possessorium
3. Quasi-tradition
4. Tradition by operation of law

Reasonable time/hour
question of fact

Delivery/ traditio
mode of acquiring ownership

TIME OF DELIVERY OF GOODS:


1. stipulated time
2. within reasonable time

Sale on
TRIAL/APPROVAL/SATISFACTON:
GENERAL RULE:
the risk of loss remains w/
seller,although there has been
delivery, until the sale becomes
absolute
risk of loss remains w/ seller
although there has been delivery,
if the sale has not yet become
absolute
EXCEPTIONS:
1. if buyer is at fault
2. if buyer had expressly agreed to
bear loss

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