Sale Agency

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Activity 1

Table 1

Sale Agency
 Buyer has to pay the price.  Agents are only accountable for the
proceeds of the sale he/ she can make on
the principal’s behalf.
 Ownership of the goods will be  Receives the goods but the ownership
transferred to the buyer. remains to the principal
 As a general rule, the buyer cannot return  Agents can return the object to be sold in
the object sold. case he/ she will not be able to sell it to a
third person.
 All the things sold, the seller gives  The agent makes no warranty for which
warrants. he assumes personal liability.
 Being the owner, buyer can deal with  In dealing with the thing received, the
thing sold as he pleases. agent must act and bound according to
the instructions of the principal.

Table 2

Sale Barter
 Contract is an element present in the  No contract involved
sale.
 The vendor gives a thing in consideration  Transaction involves direct exchange of
for a price in money. things without the use of money

Table 3

Sale Contract for a piece of work


 The thing transferred would have existed  The thing transferred is not in existence
and been the subject of sale to some and which never would have existed but
other person. for the order of the party desiring to
acquire.

 The risk of loss is borne by the buyer.  The risk of loss before delivery is borne by
the worker or contractor and not by the
employer.
 Covered by the Statute of Fraud.  Not covered by the Statute of Fraud.

Table 4
Sale Dation in Payment
 The cause or consideration of the sale is  The cause is the extinguishment of the
the price and delivery of the object. obligation.
 There is no pre-existing credit.  There is a pre-existing credit.
 Has greater freedom in terms of fixing the  The amount of its pre-existing credit
price. allows the dation in payment to have less
freedom in terms of fixing the price in
which the parties seek to extinguish.

Table 5

Earnest Money Option Money


 Part of the purchase price.  Money given as a distinct consideration
for the option contract and does not form
part of the purchase price.
 Applies to a perfected sale.  Applies to a sale not yet perfected.
 The buyer is bound to pay the balance if  When the would-be buyer gives option
the earnest money is already given. money, he is not required to pay.

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