Obligation of the Vendor b.

Place (1521)
II. Rule in case of delivery (1521)
1. General Obligation III. Expenses for delivery
A. To preserve the thing Articles 1536-1543
a. Art 1163 Every person obliged to give something is also
obliged to take care of it with the proper diligence of a good I. Completeness of delivery
father, unless the law or the stipulation of the parties requires a. Real Estate
another standard of care. i. Where it is sold per unit or number
B. To deliver the thing sold(1537) ii. Where it is sold for a lump sum or a single price
a. Form of delivery iii. Prescription of action
i. Real property b. Movables
It is sellers duty to deliver the thing sold in a condition i. If there is deficiency in quantity or quality
suitable for its enjoyment by the buyer for the purposes ii. If there is an excess
contemplated. c. What delivery includes (1537, par 2)
Seller should not shift to the buyer the burden of II. Sales to two different persons (1544) DOUBLE SALE
a. Rules as to immovable
providing access to and from the lot; it is he sellers duty
b. Rules as to movables
to construct necessary roads in the lot that could serve as c. What good faith of buyer consists of
outlets.
Proper access to the residence is essential to its CHAPTER 3 OBLIGATION OF THE VENDEE
enjoyment.
Articles 1582-1593
Note: The vendee has the right to the fruit of the thing sold
I. To accept delivery
from the time the obligation to deliver it arises. (Upon
a. Rule if there was no previous examination (1584)
PERFECTION of contract)
b. Effect of unjust refusal to accept (1588)
ii. Personal Property c. Duty of the buyer for justifiable refusal to accept
iii. Incorporeal Property (1587)
C. Transfer of ownership to the buyer II. Payment of price and interest
a. General rule delivery a. Time and place (1582)
b. When delivery does not transfer title b. Suspension of payment after delivery (1590)
i. Delivery on approval, trial or satisfaction (1502) i. Grounds
ii. Express reservation of title ii. When there is no right to suspend
iii. Implied reservation of title c. Payment of interest on the price (1589): When
Goods deliverable to the order of shipper -MM i. Before default
iv. When seller is not the owner (1505)M, ii. After default

TIME AND PLACE OF DELIVERY RIGHTS OF THE UNPAID SELLER

Article 1525-1535
Article 1521-1524
I. Definition of unpaid seller(1525)
I. Time and Place of delivery a. What term seller includes (1525)
a. Time (1521) II. Rights of an unpaid seller (1526)
 a. Lien on the goods (1526, par 1) Articles 1594-1599
i. When the lien exists (1527, 1528)
ii. When the lien lost (1529) I. Action for the price (1595)
b. Right of stoppage in transit (1526, no. 2) a. Grounds
i. Requisites for the exercise of the right (1526, II. Sellers action for damages for non-acceptance (1596)
1530) a. Grounds
1. When good are no longer in transit (1531) b. Measure for damages
ii. Effect of partial delivery (1531, par 4) III. Sellers action for total rescission (1597)
iii. How right is exercised (1532) a. Requisites
c. Right of resale (1533) IV. Buyers action for sellers specific performance (1598)
i. Requisites for exercise of the right V. Buyers action for breach of warranty (1599)
ii. Notice of resale to the buyer a. Buyers option
1. General rule b. Nature of options-alternative
2. Exception c. When buyer cannot rescind
iii. Manner of resale d. Effects of election to rescind (1599, par 4)
d. Right to rescind the sale (1526, No. 4) i. As to liability for the price
i. Requisites ii. Recovery of the price
ii. Notice of intention to rescind iii. As refusal of seller to accept the return
iii. Effect of rescission e. Loss in case of breach of warranty of quality (!599,
III. Effects of sale or other disposition of goods par 5)
a. General rule (1523, par. 1) i. Measure of liability
b. Exception (1535, pars. 1&2)