Contracts and Specs 1 Flashcards
A meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service
Article 1305 of the Civil Code of the Philippines
Any two or more entities, public or private, may undergo a contract to any term or condition, in good faith
Article 1306 of the Civil Code of the Philippines
A contract can also limit the actions of the person such as deeds of limitation in buying a condominium or a property in a subdivision.
To give something or to render some service
Most of the existing contracts are actually bilateral or two-way and not unilateral.
Whereby one binds himself
requires the three basic elements of a contract: CONSENT, OBJECT, and CAUSE. It can be written or oral.
Consensual Contracts
requires the needs of a Consensual Contract with solemnity or formality. Solemnity or formality refers to an instrument that is required in a certain form
Solemn or Formal Contracts
requires the needs of a Consensual Contract with a delivered of an object to be perfected.
Real Contracts
“Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and
indispensable. In such cases, the right
of the parties stated in the following article cannot be exercised.”
Article 1356 of the Civil Code of the Philippines
Forms of contracts
Contracts can be written or oral, physical, or electonic at any language
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. This law includes the validation of both e-signature and point- and-click acceptance without violations to the 2004 Rules on Notarial Practice.
Republic Act no. 8792 of the Electronic Commerce Act
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. This right may be exercised simultaneously with
the action upon the contract.”
Article 1357 of the Civil Code of the Philippines
A ______ document is a document available within the repository of the public, be it from the government or through a notary public.
Public
A ____________ is an agreement made in private and in writing. This document covers any document not stipulated as a public document.
Private document
Article ______ of the Civil Code of the Philippines lists the following contracts as part of public documents:
1358
Article 1358
Acts on the creation, transmission, modification, or extinguishment of _____ rights over immovable property;
Real
Article 1358
Cession, repudiation, or renunciation of ____________ rights or of those of the conjugal partnership of gains
Hereditary
Article 1358
The power to ________________, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person
Administer property
Article 1358
The cession of_______ or _______ proceeding from an act appearing in a public document
Actions/rights
Article 1358
All other contracts where the amount involved exceeds ________________ must appear in writing, even a private one.
five hundred pesos
Article _____ of the Civil Code of the Philippines defined
consent to a contract as “________ is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance constitutes a _____________.
Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made.”
1319, consent, counter-offer
Articles____________ of the Civil Code of the Philippines define the statutes of what an object of a contract is. In essence, it should follow the following:
a.Within the commerce of man
b. Not impossible to be rendered or provided
c.Determinate or indeterminate but does not impede the contract
1347-1349
Causa (Consideration)
The ______ of the contract is the__________________ rather than the motives of the parties concerned
(Article _____).
Cause, nature of the instrument, 1351
According to Article _____ of the Civil Code of the Philippines, there are three forms of causes for a contract: onerous (promised), remuneratory (paid or rendered), and benefactory
(liberality of the benefactor).
1350
Article 1350
Three forms of causes for a contract:
Promised
Onerous
Article 1350
Three forms of causes for a contract:
Paid or rendered
Remuneratory
Article 1350
Three forms of causes for a contract:
Liberality of the benefactor
Benefactory
Articles ___________ discussed the guidelines in interpretation of contracts including possible rescission or reformation of the contract.
These factors can include (4):
1370-1379
Intentions
Obscurities
Multiple meanings
Significations
Vices of Contracts
Contracts are _________ by (5):
voidable
Violence
Intimidation
Undue Influence
Mistake (not of law)
Fraud
Contracts end by these ways (3):
The contract was perfected or fulfilled.
The contract was rescinded or void.
The contract was deemed void.
Article ______ of the Civil Code of the Philippines states that, “Unless it appears otherwise, business advertisements of things for sale are not definite offers, but mere invitations to make an offer.”
1325
______________________ refers to employed workers directly for the completion of a project while by contract refers to the employment of fixed contractors for the completion of a project.
Direct employment
The following factors are considered in agreements of direct employment or a contract (4):
Project Scope
Completion Time
Price and Payments
General Provisions (Contracts only)
The ff factors incur cost that can be used in both direct employment and contracts
- Labor and Professional Fees
- Local conditions and states
- Plans and Specification Costs
- Casualties and contingencies
- Logistics and Transportation
- Material Costs
- Equipment Costs
- Overhead Costs
- Legal Fees and Government Permit Costs
- Other incurred costs
In dealing with by contract, there are several forms (5):
Contract by a fixed price
Cost Plus Contracts
Cost Plus Fixed Sum
Cost Plus Percentage Contracts
Cost Plus Variable Premium Contracts
