Practice question
In a reciprocal agreement, a seller demands the price while refusing to deliver the goods despite the buyer's readiness to pay against proper delivery. The contract calls for concurrent exchange, and no special contrary rule applies. Counsel proposes to assert that the buyer is automatically in delay simply because the seller sent a letter. Which is the best revision under Article 1169?
- Retain the assertion because every letter overrides reciprocal duties
- State that only the buyer's performance matters
- State that a notarial seal removes the seller's delivery obligation
- Account for reciprocal readiness and performance; a party not complying or ready properly to comply cannot rely on demand alone to place the other in delay
- Treat the letter as cancellation of all contracts automatically
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1155, 1169–1170.
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