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    Conditions and Warranties PDF

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    Karen Africano
    This document summarizes key concepts relating to conditions and warranties in contracts of sale under Philippine law. It defines a condition as an uncertainty or contingency that the obligation depends on. If a condition is not fulfilled, the obligated party may refuse or proceed to waive the condition. A warranty relates to performance and may be express, relating to affirmations and promises, or implied, relating to title, hidden defects, and fitness. Breach of warranty makes the seller liable for damages. The document contrasts conditions and warranties and outlines elements and effects of eviction, implied warranties, and prescriptive periods on a seller's liability.

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    Conditions and Warranties PDF

    Uploaded by

    Karen Africano
    616 views18 pages
    This document summarizes key concepts relating to conditions and warranties in contracts of sale under Philippine law. It defines a condition as an uncertainty or contingency that the obligation depends on. If a condition is not fulfilled, the obligated party may refuse or proceed to waive the condition. A warranty relates to performance and may be express, relating to affirmations and promises, or implied, relating to title, hidden defects, and fitness. Breach of warranty makes the seller liable for damages. The document contrasts conditions and warranties and outlines elements and effects of eviction, implied warranties, and prescriptive periods on a seller's liability.

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    This document summarizes key concepts relating to conditions and warranties in contracts of sale under Philippine law. It defines a condition as an uncertainty or contingency that the obligation depends on. If a condition is not fulfilled, the obligated party may refuse or proceed to waive the condition. A warranty relates to performance and may be express, relating to affirmations and promises, or implied, relating to title, hidden defects, and fitness. Breach of warranty makes the seller liable for damages. The document contrasts conditions and warranties and outlines elements and effects of eviction, implied warranties, and prescriptive periods on a seller's liability.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    616 views18 pages

    Conditions and Warranties PDF

    Uploaded by

    Karen Africano
    This document summarizes key concepts relating to conditions and warranties in contracts of sale under Philippine law. It defines a condition as an uncertainty or contingency that the obligation depends on. If a condition is not fulfilled, the obligated party may refuse or proceed to waive the condition. A warranty relates to performance and may be express, relating to affirmations and promises, or implied, relating to title, hidden defects, and fitness. Breach of warranty makes the seller liable for damages. The document contrasts conditions and warranties and outlines elements and effects of eviction, implied warranties, and prescriptive periods on a seller's liability.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 18

    OBLIGATION OF THE VENDOR

    Section 3: Conditions and Warranties

    BY: Karen Obel Africano

    CONDITION

    ARTICLE 1545
    -Condition Uncertainty event or contingency on
    the happening of which the obligation
    of the contract depends.

    In such a case, the obligation of the


    contract does not attach until the
    obligation is performed.

    Effect Of Non-fulfillment Of
    Condition
    If the obligation of either party is
    subject to any condition and such
    condition is not fulfilled, such party
    may either:
    1. Refuse to proceed with the contract
    2. Proceed with the contract, waiving
    the performance of the condition

    Effect of non-fulfillment of
    Condition
    If the condition is in the nature of a
    promise that it should happen, the
    non-performance of such condition
    may be treated by the other party
    as a breach of warranty.

    WARRANTY

    KINDS OF WARRANTY
    Express Warranty
    Implied Warranty

    ARTICLE 1546
    -Express Warranty1. it must be an affirmation of fact or any promise
    by seller relating to the subject matter of sale
    2. natural tendency of affirmation or promise is to
    induce buyer to purchase subject matter
    3. buyer purchases the subject matter relying
    thereon
    when breached, seller is liable for damages

    Condition Vs Warranty
    CONDITION

    WARRANTY

    Purports to existence of obligation

    Purports to performance of obligation

    Condition must be stipulated to form


    part of the obligation

    Need not be stipulated; may form part


    of obligation by provision of law

    May attach itself to obligation of seller Relates to the subject matter itself or
    to deliver possession & transfer
    to obligation of the seller as to the
    subject matter of the sale

    Effect of Expression of
    Opinion
    Art. 1340 Exaggerations in trade
    Art. 1341 Expression of an opinion
    Art. 1343 Misrepresentation made in
    good faith

    ARTICLE 1547
    -Implied WarrantyIn a contract of sale, unless a contrary
    intention appears, there is an implied
    warranty:

    1. as to sellers title
    2. against hidden defects or unknown
    encumbrances
    3. as to fitness or merchantability

    When implied warranty


    not applicable
    As is and where is sale
    Sale of secondhand articles
    Sale by virtue of authority in
    fact or law

    ARTICLE 1548
    Subsection 1. - Warranty In
    Case Of Eviction
    Eviction judicial process whereby the
    vendee is deprived of the whole or part
    of the thing purchased by virtue of final
    judgment based on a right prior to the
    sale or an act imputable to the vendor.

    Essential Elements of
    Eviction
    Vendee is deprived in whole or in part of the
    thing purchased
    Virtue of a final judgment
    Judgment is based on a right prior to the sale
    or an act imputable to the vendor
    The vendor was summoned in the suit for
    eviction at the instance of the vendee
    There is no waiver on the part of the vendee

    ARTICLE 1549
    The vendee need not appeal
    from the decision in order
    that the vendor may become
    liable for eviction.

    ARTICLE 1550
    When an adverse possession had
    been commenced before the sale
    but the prescriptive period is
    completed after the transfer, the
    vendor shall not be liable for
    eviction.

    Effect of Prescription
    If
    Completed before Sale
    Completed after Sale

    ARTICLE 1551
    If the property is sold for nonpayment of taxes due and not
    made known to the vendee
    before the sale, the vendor is
    liable for eviction.

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