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CheLaws > Contracts and Specifications > Flashcards

Contracts and Specifications Flashcards

1
Q

A meeting of minds between two persons
whereby one binds himself, with respect
to the other, to give something or to
render some service

A

Article 1305 of the Civil Code of the Philippines

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2
Q

Any two or more entities, public or
private, may undergo a contract to any
term or condition, in good faith

A

Article 1306 of the Civil Code of the Philippines

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3
Q

also limit the actions of the
person such as deeds of limitation in
buying a condominium or a property in a
subdivision

A

Contract

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4
Q

Most of the existing contracts are
actually

A

bilateral or two-way, not unilateral

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5
Q

requires the three basic elements of a contract:
Consent, Object, and Cause. It can be written or oral.

A

Consensual Contracts

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6
Q

requires the needs of a Consensual Contract with ____________, which refers
to an instrument that is required in a certain form

A

solemnity or formality

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7
Q

requires the needs of a Consensual Contract with a delivered of an object to be perfected

A

Real Contracts

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8
Q

Contracts can be

A

written, oral, physical, or electronic, and at any language

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9
Q

“Contracts shall be obligatory, in whatever
form they may have been entered into,
provided all the essential requisites for
their validity are present”

A

Article 1356 of the Civil Code of the Philippines

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10
Q

provided support for electronic documents
and contracts to be enforceable as long as
it is presented to the parties concerned and
reliability and integrity is maintained and
can be validated.

A

RA 8792 of the Electronic Commerce Act

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11
Q

This law includes the
validation of both e-signature and pointand-click acceptance
without violations to
the 2004 Rules on
Notarial Practice

A

RA 8792 of the Electronic Commerce Act

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12
Q

If the law requires a document or other
special form, as in the acts and contracts
enumerated in the following article, the
contracting parties may compel each other
to observe that form, once the contract has
been perfected

A

Article 1357 of the Civil Code of the Philippines

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13
Q

document available within the
repository of the public, be it from the government or
through a notary public.

A

Public document

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14
Q

agreement made in private and in
writing. This document covers any document not stipulated
as a public document

A

Private document

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15
Q

lists the following contracts as part of public documents

A

Article 1358of the Civil Code of the Philippines

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16
Q

manifested by the
meeting of the offer and the acceptance upon the thing and
the cause which are to constitute the contract

A

Consent

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17
Q

defined consent to a contract

A

Article 1319 of the Civil Code of the Philippines

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18
Q

define the statutes of what an object of a contract is

A

Articles 1347-1349 of the Civil Code of the Philippines

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19
Q

nature of the instrument
rather than the motives of the parties concerned (Article 1351).

A

The cause of the contract

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20
Q

Elements of Contracts

A

Consent, Objects, Causa

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21
Q

there are three forms of causes for a contract

A

onerous (promised), remuneratory (paid or rendered), benefactory (liberality of the benefactor)

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22
Q

Contracts are voidable by vices

A

violence, intimidation, undue influence, mistake, fraud

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23
Q

Contracts end by the following ways

A

end of contract

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24
Q

“Unless it appears otherwise, business
advertisements of things for sale are not definite offers, but mere invitations to make an offer. ”

A

Article 1325 of the Civil Code of the
Philippines

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25
Q

employed workers directly for
the completion of a project

A

Direct employment

26
Q

refers to the
employment of fixed contractors for the completion of a
project

A

Employment by contract

27
Q

simplest form of a construction contract

A

Fixed Price Contracts

28
Q

These contracts require that a contractor be reimbursed for all costs
incurred on the project (costs)

A

Cost-Plus Contracts

29
Q

This is an agreement where the contractor is paid an hourly rate for
labor, the actual cost of materials and equipment, and an additional
amount to cover overhead and profit.

A

Time and Matrimonial Contract

30
Q

an arrangement where the customer pays a
fixed, agreed-upon amount for completion of each unit of work

A

Unit Price Contracts

31
Q

This is a cost-type contract, where there is an agreed-upon limit to
how much the customer will be obligated to pay.

A

Guaranteed Maximum Price (GMP) Contracts

32
Q

are a part of the construction
contract

A

CONTR ACT SPECI F ICA T IONS

33
Q

subcontractor’s field guide on what
materials to use, how to install them,
and the desired level of quality.

A

specifications

34
Q

Provide step-by-step details and instructions on how the types of
materials to be used and the desired installation methods

A

Prescriptive Specifications

35
Q

Provide all of the operations requirements to complete a project

A

Performance Specifications

36
Q

used when a specific type of product or material is required for
installation

A

Proprietary Specifications

37
Q

understanding that the parties have of the contract.

A

Consent

38
Q

means any and all works performed and services
rendered under the Contract for the benefit of the Ordering Party, as
well as any and all results of such works and services

A

Object of the contract

39
Q

essential reason that moves the parties to
enter into a contract

A

Cause or consideration

40
Q

contract that will cost a company more to fulfill than what the
company will receive in return

A

Onerous Contacts

41
Q

type of contract in which one party
promises to provide a gift or benefit to the other party as a token of
gratitude or in recognition of a service or favor that has already
been received

A

Remuneratory Contract

42
Q

essentially agreements to give donations,
Generosity or liberality is the cause of such contracts.

A

GratuitousContracts

43
Q

Contracts with mutual promise as a cause are also known

A

Bilateral contracts

44
Q

general description of the work that is expected to be
performed under a particular contract

A

Scope of work

45
Q

essentially the framework of the
construction contract documents. They provide the “hows” of the
project

A

General conditions

46
Q

addition or amendment to the
general conditions section

A

special conditions

47
Q

A contract should have ________ in case of a dispute.

A

provisions

48
Q

construction of an architectural or engineering work is
usually a rather complex undertaking requiring the labor of a
substantial number of mechanics

A

Business Arrangements

49
Q

cannot be
eliminated

A

Contingencies

50
Q

These can be greatly reduced by
care and watchfulness.

A

Casualties

51
Q

Management by overseeing the
performance or operation of a
person or group

A

Supervision

52
Q

Secure the acceptance of excessive
prices or substandard work

A

Graft

53
Q

commonly
exercised to secure appointments.

A

Political influences

54
Q

This method is usually confined to relatively small,
uncomplicated projects that are built for the owner ‘s use
rather than sold to another party upon completion

A

Force Account COnstruction

55
Q

oldest and most common method of letting work under
contract is by receiving

A

competitive bids

56
Q

This contract covers both direct and indirect costs, in addition
to a fixed fee

A

C O S T P L U S A F I X E D S U M

57
Q

Pay the contractor the actual cost of the construction work
with a specified percentage thereof as compensation for his
overhead expenses, personal services, and profits.

A

Cost plus a percentage

58
Q

The contractor undertakes to complete the work for a fixed
sum and in a definite time. In addition to this sum, he is to be paid a stated premium
which is reduced or increased

A

Cost plus a variable premium

59
Q

a procurement method commonly
used in various industries.

A

Competitive bidding

60
Q

to ensure
transparency, promote fair competition, and obtain the best
value for the purchaser

A

Competitive bidding

CheLaws (3 decks)

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