"Rights and obligations of the seller in contract of sale" Essays and Research Papers

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    Chapter 4 EXTINGUISHMENT OF OBLIGATIONS Section 1 – PAYMENT OR PERFORMANCE Payment It is the fulfillment of a promise; the performance of an agreement. This consists of: a. the delivery of money or its equivalent in specific property or services‚ or b. doing a certain act or not doing a certain act. How payment is made a. The thing or service contemplated must be delivered or rendered. 1. The debtor of the thing cannot compel the creditor to accept a different one although the latter

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    Sales

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    SALES Chapter 1 Nature and From of The Contract ------------------------------------------------- Art. 1458: By the contract of sale one of the contracting parties obliges himself to transfer the ownership of and to deliver a determinate thing‚ and the other to pay therefore a price certain in money or its equivalent. ------------------------------------------------- ------------------------------------------------- A contract of sale may be absolute or conditional. COMMENT: 1)

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    SALES CONTRACT No.57/2014 Ho Chi Minh City‚ May 19th‚ 2014 The Seller: Dalat Agriculture and Forestry JSC‚ Vietnam Address: 39 Phu Dong Thien Vuong Street‚ Ward 8‚ Da Lat City‚ Lam Dong‚ Vietnam Telephone: +84-63-656565 Fax: +84-63-665442 Email: info@dalatgap.com Represented by: Mr. Tran Thanh Sang Position: Director The Buyer: Shoei Foods Corporation Address: Shoei Bldg‚ 5-7‚ Akihabara‚ Taito-ku‚Tokyo‚ Japan Telephone: +81-33-2342345 Fax: +81-33-2672634 Email: shoeifoods@Shoeifoods

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    Do customers care about relationships with sellers? Customer relationship management (CRM) is a business philosophy designed to improve satisfaction of existing customers and to acquire new customers by communicating with them and better understanding their individual needs. The role CRM is playing in business is getting more important than ever. More and more companies are pursuing CRM‚ investing huge amounts into CRM-related staff training and latest technology‚ spending majority of their time

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    Alternative Obligation

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    SECTION 3. - ALTERNATIVE OBLIGATIONS An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice‚ which‚ as a general rule‚ belongs to the debtor. Right of choice‚ as a rule‚ given to debtor. GENERAL RULE: The right to choose belongs to the debtor/ obligor Except: When the right has been expressly granted to the creditor Right of choice of debtor not absolute. LIMITATION ON THE DEBTOR’S CHOICE (1) The debtor

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    1. Obligation is a juridical necessity because one of the sources of our obligation is the law. 90% of our obligations comes from law. 2. 4 sources: Law‚ contract‚ quasi-contract‚ delict tas may isa pa e. quasi-delict. 3. Generic thing- object to ng obligation tas kung nawala sya‚ pwede pang palitan kasi nga generic. Tas kapag specific once na nawala yung object‚ hindi na pwedeng palitan. Tas liable yung debtor sa damages sa creditor. 4. Obligations of the debtor: to give‚ to do or not to

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    Contract

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    A contract -is a legal agreement that occurs between two or more parties. It can be a written or spoken agreement that can concern employment‚ sales‚ or tenancy. Parties or members involved‚ enter voluntarily into this agreement. Every contracts involve two persons they are the: Offeror and Offeree. The offeror is the one who offers to enter into a contract and the Offeree is the one to whom the contract is being offered Elements of a contract: Agreement‚ Lawful object‚ consideration and contractual

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    or delivery The obligation of Seller to ship or deliver the goods specified on the face of this Contract (“Goods”) by the time or within the period specified on the face of this Contract shall be subject to the availability of the vessel or the vessel’s space. If‚ under the terms of this Contract‚ Buyer is to secure or arrange for the vessel or vessel’s space‚ Buyer shall secure or arrange for the necessary vessel or vessel’s space on berth terms basis and give Seller shipping instructions

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    CLASSIFICATION OF OBLIGATIONS 1. PURE OBLIGATION – one without a term or is it a subject to a condition and is immediately demandable. 2. CONDITIONAL OBLIGATION – one which is subject to a condition. (a). SUSPENSIVE CONDITION - one which suspends the effectivity of the obligation until the condition is fulfilled. The fulfillment of the condition produces the efficacy of the obligation. (b). RESOLUTORY – one which extinguishes the obligation upon the happening of the condition. The obligation is immediately

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    Sales contracts are formed in a very similar manner and with similar context as common law contracts. There are some differences however‚ and the Uniform Commercial Code (UCC) Article 2 covers these in great detail. The UCC was established in 1952‚ to “facilitate commerce among the states‚ by providing a uniform‚ but flexible set of rules governing commercial transactions” (Miller‚ 2014). One of the differences is in the contract’s offer‚ and when the contract becomes binding. Generally‚ a contract

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