Idea Transcript
Login (/sign-in)
Join (/sign-up)
The Research Paper Factory
(/) Join (/sign-up)
HOME PAGE (/)
/
Search (/find-an-essay)
Search over 500,000 essays...
Browse (/browse.php)
BUSINESS AND MANAGEMENT (/SUBCATEGORY/BUSINESS-AND-MANAGEMENT/1)
Law on Sales Reviewer In: Business and Management (/subcategory/Business-and-Management/1) Submitted By jennagan15 Words 10225 Pages 41
www.howardscasedigests.webs.com 1 CHAPTER 1: INTRODUCTION CONTRACT OF SALE – One of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain money or its equivalent. A contract of sale may be absolute or conditional. SALES 1. Contract of sale (absolute) • real obligation – obligation to give • remedies available: a. specific performance b. rescission c. damages 2. Contract to sell (conditional) • personal obligation – obligation to do • remedies available: a. resolution b. damages ESSENTIAL REQUISITES OF A CONTRACT OF SALE 1. consent 2. subject matter 3. price CHARACTERISTICS OF CONTRACT OF SALE: 1. Nominate - law gave it a name 2. Principal - can stand on its own; unlike accessory contract 3. Bilateral - imposes obligation on both parties a. obligation of seller – transfer ownership & deliver b. obligation of buyer – pay for price Consequence: power to rescind is implied in bilateral contracts 4. Onerous – with valuable consideration • Consequence: all doubts in construing contract to be resolved in greater reciprocity of interest 5. Commutative – equal value is exchanged for equal value • Test: subjective – as long as parties in all honesty that he is receiving equal value then it complies with test & would not be deemed a donation; but must not be absurd. • Inadequacy of price or aleatory character not sufficient ground to cancel contract of sale; inadequacy can show vitiation of consent & sale may be annulled based on vice but not on inadequacy 6. Consensual – meeting of minds makes a perfect contract of sale but needs delivery to consummate. 7. Title & not a mode – gives rise to an obligation to transfer; it is delivery w/c actually transfer ownership; mode which actually transfer ownership. STAGES IN LIFE OF…...
SHOW MORE
(https://www.termpaperwarehouse.com/document/467694)
Similar Documents Physics Reviewer (/essay-on/Physics-Reviewer/102225) ...Static Electricity; Electric Charge and Its conservation Static Electricity – amber effect, Electric charge Unlike charges attract, like charges repel. Two types of electric charge: positive and negative (amber). (By Benjamin Franklin) Whenever a certain amount of charge is produced on one object, an equal amount of the opposite type of charge is produced on another object. Net change in the amount of charge produced is zero. Charges are separated, but the sum of the two is zero. Law of conservation of electric charge – the amount of electric charge produced in any process is zero: no net electric charge can be created or destroyed. If one object acquires a positive charge, then an equal amount of negative charge will be found in neighboring areas or objects. Electric Charge in the Atom Atom – tiny but heavy, positively charged nucleus surrounded by one or more negatively charged electrons. Nucleus – contains protons, neutrons. Protons – positive Electrons – negative Neutrons – no net electric charge. All protons and all electrons have exactly the same magnitude of electric charge; but are opposite. Neutral atoms contain equal numbers of protons and electrons. Atom may lose one or more of its electrons or may gain extra electrons, in which case it will have a net positive or negative charged called ion. When an object is neutral, it contains equal amounts of positive and negative charge. Object by rubbing can be explained by the transfer of electrons... Words: 378 - Pages: 2
Comparison of Principles of Sale Contract Between Conventional and Shari’ah Laws (/essay-on/Comparison-Of-Principles-Of-Sale-Contract/166187) ...KULLIYYAH OF ECONOMICS AND MANAGEMENT SCIENCES ‘Comparison of Principles of Sale Contract between Conventional and Shari’ah Laws’ LAW 3512 COMMERCIAL LAWS (SECTION 3) Any form of cheating or attempt to cheat is a serious Offence which may lead to dismissal Introduction We are blessed as a human being on the earth as the only creature created by God who has the ability to think upon choosing between alternatives. Humans are associates with many labels and beliefs that they uphold throughout their life. Major differences of choosing between alternatives would be based on their framework of thinking mostly derive from their religions or beliefs. Speaking from Malaysia context, Islamic belief would be a stronger influence for Malaysian citizens before embarking into any decision. Although, Malaysia is known as the Islamic state but Malaysia still uphold conventional laws as the supreme laws for the state over Islamic Laws which ruled by the Federal Court. Islamic Laws would only covers family laws, inheritance and few specific issues among muslims[1]. We would further discuss on the framework of sale contract from Islamic and conventional point of view. Take a look around and it is apparent in our daily lives that transactions need to occur for us to carry on sustaining our needs and wants. As humans we ought to want things and we need to have goods that are essential for our daily lives in order to carry on living our...... Words: 6604 - Pages: 27
Ateneo Taxation Reviewer (/essay-on/Ateneo-Taxation-Reviewer/181154) ...ATENEO CENTRAL BAR OPERATIONS 2007 Taxation Law SUMMER REVIEWER PART I – GENERAL PRINCIPLES TAXATION – power inherent in every sovereign State to impose a charge or burden upon persons, properties, or rights to raise revenues for the use and support of the government to enable it to discharge its appropriate functions SCOPE OF TAXATION TAXATION IS: Unlimited, Far-reaching, Plenary Comprehensive Supreme STAGES OF TAXATION: (LAP) 1. Levy 2. Assessment 3. Payment Basic Principles of a Sound Tax System 1. Fiscal Adequacy 2. Theoretical Justice 3. Administrative Feasibility INHERENT LIMITATIONS (SPING) 1) Situs or territoriality of taxation 2) Must be for a Public purpose • Test is whether proceeds will be used for something which is the duty of the State to provide. • Legislature is not required to adopt a policy of “all or none.” • Incidental benefit to individual does not defeat exemption 3) International comity • Property of a foreign State of government may not be taxed by another 4) Non-delegability of the taxing power • Contemplates power to QuickTime™ and a TIFF (Uncompressed) decompressor determine kind,thisobject, extent, are needed to see picture. amount, coverage, and situs of tax; • Distinguish from power to assess and collect • Exemptions: (a) presidential taxing powers; (b) local governments 5) Exemptions of Government agencies • Taking money from one pocket • to the other Applies only to entities exercising government functions (acta jure...... Words: 81188 - Pages: 325
Reviewer in Marketing (/essay-on/Reviewer-in-Marketing/189766) ...viewer in karketing1. allowance – promotional money paid by manufacturers 2. Attitudes – person’s feelings 3. beliefs – descriptive thought 4. black box – buyer’s characteristics and decision process 5. Brand - name,term,sign,or symbol that identifies the product 6. Business buyers are organizations that buy goods and services for use in the production of other products and services that are sold, rented or supplied to others. 7. business analysis – review of sales… 8. cognitive dissonance – buyer discomfort 9. convenience stores – limited line of high-turnover convenience goods 10. Culture – most basic cause of person’s wants/behavior 11. Demand – relationship bet price and no. of units 12. demographic – div. market into segments based on age, educ, income, race, etc 13. differentiated mktg Large segments with specific marketing mixes. 14. Discount - straight reduction 15. economic situation - Affects real spending and consumer confidence in borrowing. 16. Esteem – recog, status 17. Experience - a type of product that combines a service or physical product with a memorable experience 18. family – most impt cust buying org 19. Industrial – prod bought by indiv for further processing 20. Innovators – 1st adopters 21. labeling – printed info 22. learning – permanent changes 23. lifestyle – person’s pattern of living 24. line filling- adding prod w/in current range 25. line stretching – adding prod outside of current range 26. logistics/supply chain -...... Words: 444 - Pages: 2
Law on Sales (/essay-on/Law-On-Sales/27499) ...BA 166 Outline for Sales Part: 1. Definition of Sales 2. Three essential requisites of a contract of sale. 3. Emptio res speratae and emptio spei distinguished. 4. Perfection of a contract of sale (Articles 1475 and 1476) 5. Transmission of ownership (Articles 1477 and 1478) 6. Earnest money (Article 1482) 7. Option money (Articles 1324 and 1479) 8. Remedies of a vendor in case of breach of sale of personal property by installments (Article 1484, 1485, 1486) 9. Prohibited contracts (Articles 1490, 1491, 1492) 10. Principle of res perit domino (Articles 1480, 1504, 1538) 11. Title acquired by vendor from unauthorized vendee (Article 1505) 12. Negotiable document of title (1507) 13. Negotiation of document by delivery (Article 1508) 14. Negotiation of document by indorsement (Article 1509) 15. Rights of persons to whom document has been negotiated (Article 1513) 16. Implied warranties of persons who negotiates document (Article 1516) 17. Who is an unpaid seller (Article 1525) 18. Remedies of an unpaid seller (article 1526) 19. When is the right of retention available (Article 1527) 20. When is the right of stoppage in transitu available (Article 1530) 21. When is the right of resale available (Article 1533) 22. When is the right of rescission available (Article 1534) 23. Rule on double sales (Article 1544) 24. Requisites of warranty against eviction (Article 1548, 1558) 25. Waiver of warranty (Article 1554) 26. Extent of liability of a vendor...... Words: 453 - Pages: 2
Law of Sales (/essay-on/Law-Of-Sales/288544) ...Deed of Sale vs. Equitable Mortgage Posted on November 11, 2009 by lexposition • Posted in Civil Law • Tagged mortgage, sale • Under the Civil Code, an agreement that, on its face, looks like a sale may be considered an equitable mortgage. Article 1602 of the Civil Code provides: Art. 1602. The contract shall be presumed to be an equitable mortgage, in any of the following cases: (1) When the price of a sale with right to repurchase is unusually inadequate; (2) When the vendor remains in possession as lessee or otherwise; (3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed; (4) When the purchaser retains for himself a part of the purchase price; (5) When the vendor binds himself to pay the taxes on the thing sold; (6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. In any of the foregoing cases, any money, fruits, or other benefit to be received by the vendee as rent or otherwise shall be considered as interest which shall be subject to the usury laws. In Rockville Excel International Exim Corporation vs. Spouses Oligario Culla and Bernardita Miranda, G.R. No. 155716, October 2, 2009, the Supreme Court faced the issue of whether a Deed of Absolute Sale is really an absolute sale of real...... Words: 1101 - Pages: 5
Reviewer (/essay-on/Reviewer/323474) ...Introduction to Law Series Part 1 - Law (What is Law?) In its broadest sense, means any rule of action or norm of conduct, applicable to all kinds of action and to all objects of creation. In a strict legal sense, law is a rule of conduct, just and obligatory, promulgated by legitimate authority, of common observance and benefit. (Sanchez Roman) Law is: 1.) A rule of conduct; 2.) Just; 3.) Obligatory; 4.) Promulgated by legitimate authority; 5.) Of common observance; and 6.) Of common benefit. Things to Ponder Why and how, law is a rule of conduct? Why and how, law is just? Why and how, law is obligatory? Why and how, law is promulgated by legitimate authority? What is promulgation? Why promulgate law? Who is legitimate authority? Why and how, law is of common observance? Why and how, law is of common benefit? ============================ Introduction to Law Series Part 2.1 - Evolution of the Concept of Law A.) Classical Greek Concept of Law ============================ Side Notes: - Literature is the reflection of reality. -Greek civilization is two things, politics and drama. -Greek drama is two things, tragedy and comedy Alexander the Great's teacher is Aristotle. -Aristotle's school is the Lyceum. -Aristotle's teacher is Plato. -Plato's school is the Academy. -Plato's teacher is Socrates. -Socrates' teachers are the Sophists. -One of the sophists is Sophocles. -Sophocles is an ancient Greek tragedian...... Words: 5241 - Pages: 21
Reviewer (/essay-on/Reviewer/348453) ...performance * If people lack relevant ability and knowledge it might be better to urge them to do their best or set a goal to learn rather than a specific performance level * People focused on their own goals may not help others attain their goals * Goals can generate manipulative gameplaying and unethical behavior Set your goals * Goal setting for yourself – powerful tool for self management. * Set goals for yourself don’t just try * Statement of purpose for yourself comprising: * Inspiring distant vision * A mid distant goal * A near term objectives to start working immediately. * You can articulate your goal * Apply SMART REINFORCING PERFORMANCE Overview * The law of effect states that behavior that is followed by positive consequences will likely be repeated * This concept led to countless investigations into the effects of positive consequences called reinforcers * Reinforcers are positive consequences that motivate behavior * Four key consequences of behavior either encourage or discourage people’s behavior in the future * Positive reinforcement – applying consequences that increases the likelihood that the person will repeat the behavior that led to it. Ex. Compliments, letters of recommendations, favorable performance evaluations and pay raises. * Negative reinforcement – Removing or withholding an undesirable consequence. Ex. Taking employees/ students off...... Words: 3411 - Pages: 14
Case Digest on Sales Law (/essay-on/Case-Digest-On-Sales-Law/424386) ...SUBJECT MATTER OF SALE 1. MELLIZA vs CITY OF ILOILO (23 SCRA 477) Facts: Juliana Melliza during her lifetime owned, among other properties, 3 parcels of residential land in Iloilo City (OCT 3462).Said parcels of land were known as Lots Nos. 2, 5 and 1214. The total area of Lot 1214 was 29,073 sq. m. On 27 November 1931she donated to the then Municipality of Iloilo, 9,000 sq. m. of Lot 1214, to serve as site for the municipal hall. The donation was however revoked by the parties for the reason that the area donated was found inadequate to meet the requirements of the development plan of the municipality, the so-called “Arellano Plan.” Subsequently, Lot 1214 was divided by Certeza Surveying Co., Inc. into Lots 1214-A and 1214-B. And still later, Lot 1214-B was further divided into Lots 1214-B-1, Lot 1214-B-2 and Lot1214-B-3. As approved by the Bureau of Lands, Lot 1214-B-1, with 4,562 sq. m., became known as Lot 1214-B; Lot 1214-B-2,with 6,653 sq. m., was designated as Lot 1214-C; and Lot 1214-B-3, with 4,135 sq. m., became Lot 1214-D. On 15 November1932, Juliana Melliza executed an instrument without any caption providing for the absolute sale involving all of lot 5, 7669 sq.m. of Lot 2 (sublots 2-B and 2-C), and a portion of 10,788 sq. m. of Lot 1214 (sublots 1214-B2 and 1214-B3) in favor of the Municipal Government of Iloilo for the sum of P6,422; these lots and portions being the ones needed by the municipal government for the construction of avenues, parks and City...... Words: 9930 - Pages: 40
Reviewer (/essay-on/Reviewer/430646) ...ed. University of Chicago Press, Chicago, IL. Latour, B., 1993, We Have Never Been Modern, Translated by C. Porter. Harvard University Press,. Lowry, S.T., 1974, The Archaeology of the Circulation Concept in Economic Theory, Journal of the History of Ideas, 35(3), pp. 429-44. More, T., 2003, Utopia, reissue, revised, reprint ed. Translated by P. Turner. Penguin UK, London ; New York. Picon, A., 1992, French Architects and Engineers in the Age of Enlightenment, illustrated ed. Cambridge University Press, Cambridge. Reps, J.W., 1965, The Making of Urban America: A History of City Planning in the United States, illustrated ed. Princeton University Press, Princeton, NJ. Schmitt, C., 2006, The Nomos of the Earth in the International Law of the Jus Publicum Europaeum, Translated by G.L. Ulmen. Telos Press Publishing, New York. Schmitt, C., 1997, Land and Sea, unabridged, reprint ed. Plutarch Press, Washington, DC. Smith, M., 2011, Against Ecological Sovereignty: ethics, biopolitics, and saving the natural world, illustrated ed. U of Minnesota Press, Minneapolis. Ross Exo Adams is a writer, architect and educator. His work has been published in various journals such as Society and Space, Radical Philosophy, Log, Critical Quarterly, Architectural Review, Project Russia and has been commissioned for book chapters, essays and various other formats. He has taught at the Architectural Association, the Berlage Institute, Brighton University and at the Bartlett School...... Words: 22588 - Pages: 91
Mas Reviewer (/essay-on/Mas-Reviewer/430750) ...value of money, the expected cost of using the semiautomatic machine is A. B. C. D. $250,000 $170,000 $210,000 $130,000 Copyright 2008 Gleim Publications, Inc. Printed for Mohammad Al-Sharafi Page 3 Gleim CMA Test Prep: Part 1: Financial Planning, Performance, and Control (119 questions) [8] Gleim #: 1.2.46 -- Source: CIA 593 III-64 What coefficient of correlation results from the following data? X A. B. C. D. Y 1 2 3 4 5 10 8 6 4 2 –1 +1 0 Cannot be determined from the data given. [Fact Pattern #3] A computer store sells four computer models designated as P104, X104, A104, and S104. The store manager has made random number assignments to represent customer choices based on past sales data. The assignments are shown below. Model Random Numbers P104 X104 A104 S104 0-1 2-6 7-8 9 [9] Gleim #: 1.5.142 -- Source: CMA 688 5-25 (Refers to Fact Pattern #3) The probability that a customer will select model P104 is A. B. C. D. 10% Some percentage other than those given. 50% 20% [10] Gleim #: 1.3.100 -- Source: CMA 0408 1-151 (Refers to Fact Pattern #1) After completing production of the first propeller, the estimated cost for Proper Propeller to fill an order for seven additional propellers is A. B. C. D. $92,000 $34,880 $98,000 $54,880 Copyright 2008 Gleim Publications, Inc. Printed for Mohammad Al-Sharafi Page 4 Gleim CMA Test Prep: Part 1: Financial Planning,...... Words: 31430 - Pages: 126
Law on Sales Reviewer (/essay-on/Law-On-Sales-Reviewer/467694) ...CONTRACT OF SALE – One of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain money or its equivalent. A contract of sale may be absolute or conditional. SALES 1. Contract of sale (absolute) • real obligation – obligation to give • remedies available: a. specific performance b. rescission c. damages 2. Contract to sell (conditional) • personal obligation – obligation to do • remedies available: a. resolution b. damages ESSENTIAL REQUISITES OF A CONTRACT OF SALE 1. consent 2. subject matter 3. price CHARACTERISTICS OF CONTRACT OF SALE: 1. Nominate - law gave it a name 2. Principal - can stand on its own; unlike accessory contract 3. Bilateral - imposes obligation on both parties a. obligation of seller – transfer ownership & deliver b. obligation of buyer – pay for price Consequence: power to rescind is implied in bilateral contracts 4. Onerous – with valuable consideration • Consequence: all doubts in construing contract to be resolved in greater reciprocity of interest 5. Commutative – equal value is exchanged for equal value • Test: subjective – as long as parties in all honesty that he is receiving equal value then it complies with test & would not be deemed a donation; but must not be absurd. • Inadequacy of price or aleatory character not sufficient ground to cancel contract of sale; inadequacy can show vitiation of consent & sale...... Words: 10225 - Pages: 41
Oblicon Reviewer (/essay-on/Oblicon-Reviewer/480792) ... CIVIL LAW REVIEWER TABLE of CONTENTS OBLIGATIONS Table of Contents Chapter II. Nature and Effect of Obligations93 I. Kinds of Prestations ............................93 II. Breach of Obligation............................94 III. Fortuitous Event (Force Majeure) .......96 IV. Remedies to Creditors ........................96 V. Usurious Transactions and Rules on Interest .........................................................97 Chapter III. Different Kinds of Obligations ..98 I. Pure and Conditional Obligations .......98 II. Reciprocal Obligations ......................100 III. Obligations with a Period ..................100 IV. Alternative and Facultative Obligations 101 V. Joint and Solidary Obligations ..........103 Effects of Prejudicial and Beneficial Acts (Art.1212) ...................................................105 VI. Divisible and Indivisible Obligations..106 VII. Oblligations with a Penal Clause ..106 Chapter IV. Extinguishment of Obligations .......................................................................107 I. Payment or Performance ..................107 II. Loss or Impossibility..........................109 III. Condonation or Remission of the Debt 109 IV. Confusion or Merger of Rights ..........110 V. Compensation ...................................110 VI. Novation ............................................111 Charts: Payment & Performance ................114 90 OBLIGATIONS Chapter I. General...... Words: 19824 - Pages: 80
Sales Reviewer (/essay-on/Sales-Reviewer/486972) ...the future market potential for a specific product. * sales forecast * is a quantitative estimate, in either physical or monetary units, of the total sales for a product within a market. * Market potential * is the portion of market potential that one among a set of competing firms can reasonably expect to obtain. * Sales potential * based on primary research * Build-up approach * Forecast economic conditions, such as these: I. GNP II. consumer price index III. wholesale price index IV. interest rates V. unemployment levels * Breakdown approach * assumes that the next period’s sales will be the same as they were in the previous period. * Naïve forecast * method asks key managers within the company for their best estimate of sales in a given planning horizon and combines the results to develop the forecast. * Jury of executive opinion * method is similar, but it asks the sales force for their best estimates of sales in the planning horizon. * Sales force composite * survey of customers’ buying intentions or test marketing * Counting methods * are movements in a time series as a result of developments in population, technology, or capital formation. * Trends * are consistent patterns of sales changes in a given period generally called seasonal variations. * Periodic movements * are wave-like movements of sales that are longer in duration than a year, such as business...... Words: 1964 - Pages: 8
Reviewer (/essay-on/Reviewer/507548) ...to handle complex combinations of conditions. On the other hand, a decision tree is an effective way to describe a relatively simple process. (https://ict108businessinformatics.wikispaces.com/Questions+Week+5) 10. What is Structured English? Structured English is a subset of standard English that describes logical processes clearly and accurately, and when used must conform to the following rules: • Use only the three building blocks of sequence, selection and iteration. • Use indentation for reliability. • Use a limited vocabulary, including standard terms used in the data dictionary and specific words that describe the processing rules. (https://ict108businessinformatics.wikispaces.com/Questions+Week+5) reviewer... Words: 809 - Pages: 4
Popular Essays , Make Recommendations in Relation to... Essay (/essay-
Psy 322 Innovative Educator/Psy 322.Com Essay (/essay-
on/Make-Recommendations-in-Relation-to-Minimize-the-
on/Psy-322-Innovative-Educator-Psy-322-Com/467696)
Risk-to-the-Service-User-Groups/467695)
Compromise of 1850 Essay (/essay-on/Cooool/467697)
Blackheat Imalat şIrketi Essay (/essay-on/Blackheat-
Computer network Essay (/essay-on/Caregroup/467699)
Imalat-sIrketi/467698)
Climate change Essay (/essay-on/ClimateChange/467700)
Elasticity Essay (/essay-on/Deteminants-Of-Price-Elaticity-
Sales Essay (/essay-on/Wefw/467702)
Of-Demand/467701)
©2018 TermPaperWarehouse.com Privacy Policy (/aboutus/privacy)
Terms of Service (/aboutus/terms)
Copyright Information (/aboutus/copyright)
Plagiarism (/plagiarism.php)
Contact Us (/aboutus/contact)
Help (/help)