Contracts and Specs 1

Question 1

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

Answer 1

Article 1305 of the Civil Code of the Philippines

Question 2

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

Answer 2

Article 1306 of the Civil Code of the Philippines

Question 3

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.

Answer 3

To give something or to render some service

Question 4

Most of the existing contracts are actually bilateral or two-way and not unilateral.

Answer 4

Whereby one binds himself

Question 5

requires the three basic elements of a contract: CONSENT, OBJECT, and CAUSE. It can be written or oral.

Answer 5

Consensual Contracts

Question 6

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

Answer 6

Solemn or Formal Contracts

Question 7

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

Answer 7

Real Contracts

Question 8

“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.”

Answer 8

Article 1356 of the Civil Code of the Philippines

Question 9

Forms of contracts

Answer 9

Contracts can be written or oral, physical, or electonic at any language

Question 10

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.

Answer 10

Republic Act no. 8792 of the Electronic Commerce Act

Question 11

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.”

Answer 11

Article 1357 of the Civil Code of the Philippines

Question 12

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

Answer 12

Public

Question 13

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

Answer 13

Private document

Question 14

Article ______ of the Civil Code of the Philippines lists the following contracts as part of public documents:

Answer 14

1358

Question 15

Article 1358

Acts on the creation, transmission, modification, or extinguishment of _____ rights over immovable property;

Answer 15

Real

Question 16

Article 1358

Cession, repudiation, or renunciation of ____________ rights or of those of the conjugal partnership of gains

Answer 16

Hereditary

Question 17

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

Answer 17

Administer property

Question 18

Article 1358

The cession of_______ or _______ proceeding from an act appearing in a public document

Answer 18

Actions/rights

Question 19

Article 1358

All other contracts where the amount involved exceeds ________________ must appear in writing, even a private one.

Answer 19

five hundred pesos

Question 20

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.”

Answer 20

1319, consent, counter-offer

Question 21

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

Answer 21

1347-1349

Question 22

Causa (Consideration)

The ______ of the contract is the__________________ rather than the motives of the parties concerned
(Article _____).

Answer 22

Cause, nature of the instrument, 1351

Question 23

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).

Answer 23

1350

Question 24

Article 1350
Three forms of causes for a contract:

Promised

Answer 24

Onerous

Question 25

Article 1350
Three forms of causes for a contract:

Paid or rendered

Answer 25

Remuneratory

Question 26

Article 1350
Three forms of causes for a contract:

Liberality of the benefactor

Answer 26

Benefactory

Question 27

Articles ___________ discussed the guidelines in interpretation of contracts including possible rescission or reformation of the contract.

These factors can include (4):

Answer 27

1370-1379

Intentions
Obscurities
Multiple meanings
Significations

Question 28

Vices of Contracts
Contracts are _________ by (5):

Answer 28

voidable

Violence
Intimidation
Undue Influence
Mistake (not of law)
Fraud

Question 29

Contracts end by these ways (3):

Answer 29

The contract was perfected or fulfilled.
The contract was rescinded or void.
The contract was deemed void.

Question 30

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.”

Answer 30

1325

Question 31

______________________ 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.

Answer 31

Direct employment

Question 32

The following factors are considered in agreements of direct employment or a contract (4):

Answer 32

Project Scope
Completion Time
Price and Payments
General Provisions (Contracts only)

Question 33

The ff factors incur cost that can be used in both direct employment and contracts

Answer 33

1. Labor and Professional Fees
2. Local conditions and states
3. Plans and Specification Costs
4. Casualties and contingencies
5. Logistics and Transportation
6. Material Costs
7. Equipment Costs
8. Overhead Costs
9. Legal Fees and Government Permit Costs
10. Other incurred costs

Question 34

In dealing with by contract, there are several forms (5):

Answer 34

Contract by a fixed price
Cost Plus Contracts
Cost Plus Fixed Sum
Cost Plus Percentage Contracts
Cost Plus Variable Premium Contracts