1.

When vendor is not bound to deliver the thing sold

a. If the vendee has not paid him the price. (Art. 1524)
b. If no period for the payment of then price has been fixed in the contract. (Art. 1524)
c. If a period has been fixed for the payment of the price, the vendor is bound to deliver the thing
sold. However, he is not bound to deliver if the vendee loses the right to make use of the period
(Art. 1536) as follows:
i. When the vendee becomes insolvent, unless he gives a guaranty or security for the payment
of the price;
ii. When the vendee fails to furnish the guaranties or securities that he has promised;
iii. When the guaranties or securities have been impaired through his own acts or when through
a fortuitous event they disappear, unless he immediately gives new ones equally satisfactory;
iv. When the vendee violates any undertaking in consideration of which the vendor agreed to
the period;
v. When the vendee attempts to abscond.
2. Remedies of the buyer when the quantity or quality of goods delivered is different from that which
the seller contracted to sell. (Art. 1522)
a. When the quantity delivered is less than that which the parties had agreed upon, the buyer may:
i. Reject the goods
ii. Accept the goodshg
PROBLEM: B bought 100 suits, only 60 of which arrived. He sold some of them (perhaps even
for a lesser price for purposes of propaganda or advertisement), thinking that the others were
coming. Can he return the rest, if they are unsold? What price must he pay?
b. When the quantity delivered is more than that which the parties agreed upon, the buyer may:
i. Accept the goods agreed upon and reject the rest.
ii. Accept the whole of the goods delivered and pay for them at the contract rate.
iii. Reject the whole of the goods if they are indivisible.
PROBLEM: B bought from S 100 cans of tomato sauce, 120 of which arrived. What is B’s right?
c. When the seller delivers agreed upon but are mixed with goods of different description, the buyer
may:
i. Accept he goods agreed upon and reject the rest, if the sale is divisible.
ii. Reject the whole of the goods, if the sale is indivisible.
PROBLEM: B accepted the correct (as ordered) goods, rejected the rest (because incorrect).
He then purchased the rest that he needed in the market, without first giving the seller
opportunity to make proper substitution. Can he charge the seller for the consequent
difference in price?