Contract Delivery Obligations Quiz

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Questions and Answers

What should be included in the price if the place of delivery causes the buyer to incur extra expenses?

The extra expenses caused by the place of delivery should be included in the price.

In the case of a quantity greater than agreed upon, what options does the buyer have?

The buyer may either accept or reject the excess quantity delivered.

When the place of payment is not specified in the contract, where should the buyer pay the price?

The buyer should pay the price at the address of the seller.

What obligation does the buyer have after the delivery of the goods according to Article 2313?

The buyer must take necessary steps to complete the delivery, such as receiving the goods from the seller's place of business. Signup and view all the answers

What constitutes a failure to take delivery on the buyer's part?

The buyer's failure to pay the price when it is a precondition for delivery may equate to a failure to take delivery. Signup and view all the answers

What is the buyer's responsibility if the delivery is scheduled at their residence?

The buyer is required to accept the delivery if the goods do not have any defects. Signup and view all the answers

If a buyer accepts additional goods delivered beyond the contract, what should they expect regarding payment?

The buyer should expect to pay the agreed price for each additional unit delivered. Signup and view all the answers

How can a buyer take delivery through constructive mode of delivery?

The buyer can instruct the seller to keep the goods on their behalf, facilitating a constructive delivery. Signup and view all the answers

What does Article 2275 allow the parties to agree on regarding the quantity of specified goods?

The parties may agree on delivery of 'about certain quantity' of specified goods. Signup and view all the answers

Under what condition does the seller have no duty to determine the exact quantity to be delivered?

The seller has no duty if the stipulation about the quantity serves solely the buyer's interest. Signup and view all the answers

What is the permissible deviation in the quantity of goods delivered without breaching the contract?

The difference should not exceed ten percent for the whole cargo or five percent in other cases. Signup and view all the answers

What must the seller consider regarding time and place of delivery in a contract?

The seller must adhere to the provisions of the law and the contract regarding delivery. Signup and view all the answers

What happens if the time of delivery is not specified in the contract?

The seller must deliver the goods as soon as the buyer requires them to do so. Signup and view all the answers

How does the stipulation of immediate delivery affect the timing of payment?

Immediate delivery means the delivery should occur simultaneously with payment unless stated otherwise. Signup and view all the answers

What role does circumstance play in determining the buyer's rights regarding quantity?

Circumstances help indicate if a quantity stipulation was included solely for the buyer's interest. Signup and view all the answers

In the example of Fitsume ordering drinks for his graduation, who ultimately determines the exact quantity delivered?

Fitsume ultimately determines the exact quantity delivered based on attendance. Signup and view all the answers

What constitutes the essence of a seller's obligation in a sales contract?

The essence of a seller's obligation is to deliver the thing sold, along with its accessories, in accordance with the contract. Signup and view all the answers

Describe actual delivery and how it differs from constructive delivery.

Actual delivery is the physical handing over of the item to the buyer or their representative, while constructive delivery does not involve physical transfer because the item remains in the seller's possession or with a third party. Signup and view all the answers

What is traditio longa manu and when does it occur?

Traditio longa manu occurs when the buyer is already in possession of the thing to be sold at the time of the sale, enabling the transfer of ownership without physical delivery. Signup and view all the answers

What is the legal implication of Article 1145 regarding the transfer of possession?

Article 1145 allows for the transfer of possession of individualized things when the current holder declares that they hold the items on behalf of the new possessor. Signup and view all the answers

How does the concept of warranty obligations affect the seller's responsibilities?

Warranty obligations require the seller to ensure that the thing sold meets certain standards and is free from defects, thus providing assurance to the buyer. Signup and view all the answers

What are the different modes of delivery recognized in sales contracts?

The different modes of delivery include actual delivery, constructive delivery, traditio longa manu, traditio brevi manu, and symbolic delivery. Signup and view all the answers

Explain how constructive delivery might occur when a buyer is using a leased item.

Constructive delivery occurs when a seller sells an item already in possession of a lessee, as in the case where a seller allows the buyer to continue using the item without physical transfer. Signup and view all the answers

What role does the contract play in determining the terms of delivery?

The contract plays a crucial role as it specifies the agreed conditions for delivery, including the type and quantity of items to be delivered. Signup and view all the answers

Study Notes

Delivery

The buyer should pay extra costs incurred because of the delivery location
The price of a sale on credit increases based on the length of time the buyer has to pay
The seller should deliver the exact quantity of the goods agreed upon in the contract
The buyer may accept or refuse any extra quantity delivered by the seller
The price increases proportionally if the buyer accepts a larger quantity
If the contract doesn’t specify the delivery location, then the buyer should pay the seller at their address
The buyer pays the price at the location where the goods, or documents, are handed over if the contract states those should be handed over together
The buyer has the obligation to take steps to complete delivery, including going to the seller’s business to physically receive the goods, staying open if goods should be delivered to the buyer, and accepting if the delivered goods have no issues.

Approximate Quantity

When an agreed-upon quantity of goods is approximate, the seller can decide the exact quantity to be delivered
The buyer may determine the exact quantity if the approximate quantity agreement was for their benefit
If the quantity is approximate, the difference between the actual quantity delivered and the approximate quantity can’t be more than 10 percent for a whole cargo or 5 percent for other cases.

Time and Place of Delivery

The seller must deliver the goods as agreed upon, and failure to do so constitutes non-performance of the contract.
If the contract doesn’t specify a time of delivery, the seller must deliver when the buyer requests
Delivery should happen at the same time as the payment unless the contract states otherwise
Failing to meet these obligations is a breach of contract

Delivery Methods

Actual delivery is the physical handing over of the goods to the buyer or their representative.
Constructive delivery refers to when the buyer takes actual control of the items. This can include the buyer already having possession of, or choosing to leave the items in the seller’s or a third party's possession.
Traditio longa manu is when the buyer is already in possession of the goods.

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Description

Test your knowledge on delivery obligations as per contract agreements. This quiz covers buyer and seller responsibilities, extra costs, and quantity acceptance. Perfect for anyone studying contract law or business regulations.