Quiz - Actions for Breach of Contract of Sale of Goods

This includes all chattels personal but not things in action or money of legal tender in the Philippines. The term includes growing fruits or crops.

In general, the actions available for breach of the contract of sale of goods are the following except

• action by the seller for payment of the price

• action by the seller for damages for non-acceptance of the goods

• action by the seller for rescission of the contract

• action by the buyer for damages for non-acceptance of the goods

In general, the actions available for breach of the contract of sale of goods are the following

• action by the seller for rescission of the contract

• action by the buyer for specific performance

• action by the buyer for rescission or damages for breach of warranty

• action by the seller for specific performance

The following statements are the cases when an action for the price of goods under a contract of sale can be maintained by the seller. Choose the incorrect statement.

• when the ownership of the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the price

• when the price is payable on a certain day and the buyer wrongfully neglects or refuses to pay such price, irrespective of delivery or of transfer of title

• when the goods cannot readily be resold for a reasonable price and the buyer wrongfully refuses to accept them even before the ownership in the goods has passed, if the provisions are not applicable.

• when the price is payable on a certain day and the buyer rightfully neglects or refuses to pay such price, irrespective of delivery or of transfer of title

The following statements are the seller's right of action for damages. Choose the incorrect statement.

• if the buyer without lawful cause neglects or refuses to accept and pay for the goods he agreed to buy

• in an executory contract, the ownership in the goods has not passed, and the seller cannot maintain an action to the price

• if the goods are not yet identified at the time of the contract or subsequently

• if the goods are identified at the time of the contract or subsequently

What is the measure of the damage which is the estimated loss directly and naturally resulting from the buyer's breach of contract?

What is the measure of damage wherein if there is no available market in which the goods can be sold at the time, the seller is entitled to what has really been sustained by thee breach of contract?

What is the measure of damage wherein it allows the seller under special circumstances a greater amount than the difference between the contract price and market price when such damages may be reasonably attributed to the non-performance of the obligation?

In case of the repudiation of the contract by the buyer, the measure of damages to which the seller is entitled would include:

• the labor performed and expenses incurred for materials after receiving notice of the buyer's repudiation

• profit he would have realized if the sale had been partially performed

• both statements

• neither statement

The following statements pertain to the cases when the seller may rescind a contract of sale of goods which have not yet been delivered to the buyer. Choose the incorrect statement.

• when the buyer has repudiated the contract of sale

• when the buyer has manifested his inability to perform his obligations thereunder

• when the buyer has committed a breach of the contract of sale

• when the buyer has manifested his ability to perform his obligations thereunder