- Statute
- Philippine Civil Code
- Article
- Art. 1598
- Topic
- Actions for Breach of Contract of Sale of Goods
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VI SALES
- Chapter
- CHAPTER 6 Actions for Breach of Contract of Sale of Goods
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Where the seller has broken a contract to deliver specific or ascertained goods, a court may, on the application of the buyer, direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as the court may deem just. (n)
Intellegal Wiki · In plain terms
Where a seller has broken a contract to deliver specific or ascertained goods, the buyer may apply to the court for specific performance, and the court may direct that the contract be performed as agreed — without leaving the seller the option of keeping the goods and paying damages instead. The judgment may be unconditional or on such terms as to damages, payment of the price and otherwise as the court deems just. The remedy is confined to goods that are specific or ascertained; where the goods are generic, damages rather than compulsion are the ordinary answer.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- George G. Taylor v. James L. Pierce G.R. No. 6088