Chapter 7 (got 96%)

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Business Law
BLAW 3202
All Professors

Chapter 7SalesSaleTransferring ownership of an item from one person to anotherSale contract contract where ownership of a thing is transferred to another for a price in money agreement in object and priceOnly requirement of a sale contract is an agreement on an object and priceSale of Movable propertycar watchnot required to be in written formcan be verbal more difficult to proveSale of Immovable propertylandmust be in writingnot effective against third parties until recorded at the clerk of courts office in parish where the property is locatedunless and until purchaser records the sale with the clerks office public records will reflect that the seller is still owner of the propertythird parties entitled to rely on the public records to determine who owns immovable propertyprinciple of law referred to as public records doctrinePrice v Huey Childs BuilderIssue is it a sale contract or a construction contractTrail court awarded purchaser some damages under redhibitionBoth parties appealedRecord clearly establishes that the defendant assumed an obligation to do which was the undertaking of a building or a work for a certain stipulated price and our conclusion is that this was a building contractAppropriate remedy is for the costs of rectifying all defects omissions and deficiencies rather thannot in redhibition In object of a sale contract has defects buyer has a remedy the rescission of the sale and a return of the purchase priceIn construction contracts remedy would be an award for the cost to repair the defectsCriteria for determining whether a contract should be characterized as one of sale or construction1buyer has some control over the specification of the object2negotiations in a contract to build take place before the object is constructed3a building contract contemplates not only that one party will supply the materials but also that party will furnish his skill and labor in order to build the desired objectSale and installation of a home weatherization system was a sale of a thing and not a
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