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Ethics > Obligations And Contracts > Flashcards

Obligations And Contracts Flashcards

1
Q

Not legally compellable in court; not enforced by the state

A

Law in the nonlegal sense

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2
Q

Based on religion or faith and concerns itself with the concept of sin

A

Divine law

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3
Q

Law based on morality or equity; regarded as the reasonable basis of state law

A

Natural law

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4
Q

negligence becomes a source of obligation in itself without a pre existing contract

A

Civil negligence

Culpa aquiliana

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5
Q

Article 1319 ________ 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 ________and the acceptance ________.

A

Consent
Certain
Absolute

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6
Q

delay on the part of the debtor to fulfill his obligation

A

Mora solvendi

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7
Q

second essential element of a contract

A

Objects of contract

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8
Q

______ are those who have not reached the age of majority and are still subject to parental authority (person incapcitated to give consent)

A

Unemancipated minor

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9
Q

totally independent of will of any human being; earthquake, flood, hurricane, lightning strike, volcano erruption

A

Acts of God

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10
Q

Requisites for a person to contract in the name of another:

  1. Must be ________________ (expressly or impliedly)
  2. Must have by law a ________ to represent him
  3. The contract must be subsequently ________
A

Duly authorized
Right
Ratified

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11
Q

the law which regulates the relations of the members of a community with each other for purely private ends

A

Private law

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12
Q

the essential or more proximate purpose why a party assumed an obligation; the reason which moves the contracting parties to enter into a contract

A

Cause

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13
Q

ontract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them

A

Mutuality

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14
Q

when through insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract, which without them, he would not have agreed to. Art 1338

A

Fraud

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15
Q

Article 1318 There is no contract unless the ff requisites concur:

  1. ________ of the contracting parties
  2. ________________ which is the subject matter of the contract
  3. ________________ which is established
A

Consent
Object certain
Cause of obligation

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16
Q

there is a preexisting obligation and there is fault in carrying out such

A

Culpa contractual

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17
Q

the law that governs the relations of an individual with the State

A

Public law

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18
Q

____ is the law that establishes rights well as duties of an individual.

A

Substantive law

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19
Q

Persons Incapacitated to give consent
1.
2.
3.

A

Unemancipated minors
Insane and demented persons
Deaf mutes who cant write

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20
Q

Failure in the performance of an obligation on time constituting a breach

A

Delay

Mora

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21
Q

Any ________________ that induces another to violate his contract shall be liable for damage to the other party

A

Third party

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22
Q

The law that lays down the procedure by which rights or claims may be enforced

A

Procedural/adjective

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23
Q

Contracts take effect only between the parties, their assigns and heirs, except in case where the rights and obligations arising from the contract are ________ by their nature, or by ________ or by ________________

A

Not transmissible
Stipulation
Provision of law

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24
Q

Ignorance of the law shall excuse no one from compliance therewith =

A

Ignorantia legis neminem excusat

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25
Q

An obligation is a ________ ________ to give, to do or not to do.

A

Judicial necessity

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26
Q

An obligation is not a mere necessity. It is one clothed with ___

A

Compellability

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27
Q

a proposal to enter into a contract

A

Offer

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28
Q

Payment must be ________ (unless otherwise provided by law or stipulation), ________, and if in money, it must be paid in _______________

A

Complete
Regular
legal tender

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29
Q

An obligation is not a mere ________

A

Necessity

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30
Q

when there has been a meeting of minds with respect to subject matter and cause of the contract

A

Perfection/birth

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31
Q

Article 1317 - No one may ________ in the name of another without being authorized by the latter, or unless he has by law a right to represent him. A contract entrred into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ________, expressly or impliedky, by the person on whose behalf it has been executed, before it is revoked by the other contracting party.

A

Contract

Ratified

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32
Q

The one who can compel compliance with the obligation

A

Active subject

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33
Q

delay on the part of the creditor to accept the performance of the obligation

A

Mora accipendi

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34
Q

When the negligence shows bad faith, it is considered as equivalent to ________. Art 1173

A

Fraud

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35
Q

state law or the law imposed by the State and is enforceable in court; state = human

A

Laws strictly in the legal sense

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36
Q

There is undue influence when a person takes ________________ over the will of another, depriving the latter of a reasonable ________________.

A

Improper advantage

Freedom of choice

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37
Q

The one compelled to comply with or perform the obligation

A

Passive subject

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38
Q

the contracting parties may establish sucg stipulations, clauses, terms and conditions as they may deen convenient, provided they are not contrary to law, morals, good customs, public order or public policy.

A

Autonomy

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39
Q

________________, even though not existing at the time the contract is entered into, may be the object of contracts provided they have potential existence, that is, it is reasonably certain to come into existence

A

Future things

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40
Q

a meeting of minds between 2 persons whereby one binds himself, with respect to the other, to give something or to render some service.

A

Contract

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41
Q

There is violence when in order to wrest consent, ________ or ________________ is employed. Art 1335

A

Serious

Irresistable force

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42
Q

also known as ________________, that which binds the parties or connects the parties to the obligation

A

Juridical or legal tie

Efficient cause

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43
Q

extinction of contract by the performance of the obligation

A

Consummation/termination

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44
Q

Contracts are perfected by mere ________, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.

A

Consent

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45
Q

that which is an object or undertaking of the obligation or that which is to be given, to be done or not to be done

A

Prestation

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46
Q

A contract is an agreement that is ________, juridically speaking, to give rise to a ________ ________.

A

Effective

Civil obligation

47
Q

intentional non-performance of obligation; deception

A

Dolo

Fraud

48
Q

delay of obligors in reciprocal obligations. The delay of the creditor neutralizes the delay of the debtor and vice versa

A

Compensation morae

49
Q

fraud incident to the performance of an obligation

A

Dolo incidente

Incidental fraud

50
Q

There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded ________ of an ________ and ________________ upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his ________. Art 1335

A

Fear
Imminent
Grave evil
Consent

51
Q

fraud used by one of the parties to a contract in securing the consent of thr other party

A

Dolo causante

Causal fraud

52
Q

Article 1319 Consent is the ________________, and with reference to contracts, it is the ________ of the will of one contracting party with that of another or others, upon the object and terms of the contract.

A

Confirmity of wills

Agreement

53
Q

an event which could not be foreseen, or which tho forseen, was inevitable

A

Fortuitous events

54
Q

fraud in the performance of an obligation

A

Dolo incidente

55
Q

Article 1328 Contract entered into during a ________________ are valud. Contracts agreed into in a ________________ or during a ________________ are voidable.

A

Lucid interval
State of drunkeness
Hypnotic spell

56
Q

obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.

A

Obligatory force

57
Q

the manifestation by the offeree of his agreement to the terms of the offer

A

Acceptance

58
Q 
Vices of Consent
1.
2.
3.
4.
5.
A 
Fraud
Mistake
Violence
Undue influence
Intimidation
59
Q

fraud in getting the consent to a contract

A

Dolo causante

60
Q

Violation or intimidation shall ________ the obligation, although it may have been employed by a ________________ who did not take part in the contract. Art 1336

A

Annul

Third person

61
Q

there is human intervention; war fire robbery invasion

A

Acts of man

62
Q

negotiation stage of the contract leading to a definite agreement

A

Preparation/generation

63
Q

Acceptance may be ________ (written or oral) or ________ (interferred from actions such as receiving payment for a sale) (Art 1320)

A

Expressed

Implied

64
Q

carelessness or lack of diligence

A

Neglect

Culpa

65
Q

The requisites in irder that a thing or object may be the subject matter of a contract are:

  1. Must not be ________ the ________ of men
  2. Must be ________
  3. Must not be ________ to law, morals, good customs, public order ir public policy
  4. Must no be _______, either ________ or ________
  5. Must be ________ as to its kind
A 
Outside the commerce
Trabsmissible
Contrary
Impossible
Physically
Legally
Determinative
66
Q

Mistake is defined as an ________________ or ________ of the existence or nonexistence of a fact, past or present, ________ to a contract.

A

Unconscious ignorance

Forgetfulness

67
Q

Rule of conduct, just, obligatory and laid down by a legitimate power for common observance and benefit

A

Law

68
Q

Remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed

A

Reformation

69
Q

Remedy granted by law, both to the contracting parties and to third persons in order to secure reparation of damage caused by them by a contract, even if the contract be valid, by means of the restoration things to their condition prior to the celebration of said contract

A

Recission

70
Q

Contracts are valid or binding unless they are anulled by a proper action in court

A

Voidable contract

71
Q

Waiver of one’s right to annul the voidable contract

A

Ratification

72
Q

Cannot be sued upon or enforced unless ratified, thus it is as if they have no effect yet

A

Unenforceable contracts

73
Q

Contract that has no effect at all. Cannot be ratified or validated

A

Void contract

74
Q

Contract for goods that are manufactured special order and not for the general market

A

Contract for a piece of work

75
Q

Contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. Contractor may either employ labor or skill, or also to furnish the material

A

Contract for a piece of work

76
Q

If the contractor agreed to produce the work from material furnished by him, he shall deliver the things produced to the employer and transfer dominion over the thing. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden deffects and the payment of price in a contract for sale

A

Contractor-supplied materials

77
Q

The contractor who has undertaken to put not only his skill or work, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it or if the destruction was caused by poor quality of matls, provided this fact was communicated in due time to the owner. If the materials are lost through a fortuitous event, the contract is extinguished

A

Owner supplied materials

78
Q

The engineer or architect who drew up plans and specifications for a building is liable for damages if within ____ from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground

A

15 yrs

79
Q

The action must be brought within ___ following the collapse of the building

A

10 yrs

80
Q

The designer-contractor agrees to furnish both the labor and materials and to deliver the job completely on the date agreed upon. The obligation of the employer, on the other hand, is to pay the contract price upon finishing the job

A

Lump sum contract

81
Q

Neither the employer nor the designer knows how much the job will cost until after its completion. The designer or contractor undertakes to do the job with the employer paying for both the labor and materials. A fixed amount representing the contractor’s fees for service rendered is agreed upon beforehand

A

Cost-plus a fixed amount

82
Q

Compensation of the designer-contractor is not fixed in the sense that the exact amount cannot be determined yet except that they both know it is a certain percentage of whatever may be the cost of the labor and the materials

A

Cost-plus a certain percentage

83
Q

Parties agree on a basic price which both of them believe is reasonably the amount that will be spent for labor and materials

A

Cost-plus a certain percentage with a variable increase of decrease as a bonus or deduction

84
Q

Estimated reparation in money for detriment or injury sustained, or the compensation or satisfaction imposed by law for a wrong or injury caused by a violation of legal right

A

Damages

85
Q

Adequate compensation for pecuniary loss suffered

A

Actual or compensatory damage

86
Q

Incapable of pecuniary estimation or computation but are recoverable in the amount to be determined by the court provided they are the proximate result of the wrongdoer’s act or omission

A

Moral damages

87
Q

Those awarded to vindicate or recognize the right of plaintiff, which has been violated, and not necessarily to indemnify him for any loss suffered. These are awarded in any case when the party injured can show injury to his legal right

A

Nominal damages

88
Q

Some pecuniary loss has been suffered but its amount cannot, from the nature of its case, be proved with certainty

A

Temperate or moderate damages

89
Q

those agreed upon by the parties to a contract, to be paid in case of breach thereof

A

Liquidated damages

90
Q

Those of which are imposed in additional to moral, temperate, liquidated or compensatory damages by way of example or correction for the public good

A

Exemplary or corrective damages

91
Q

Remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed

A

Reformation

92
Q

Remedy granted by law, both to the contracting parties and to third persons in order to secure reparation of damage caused by them by a contract, even if the contract be valid, by means of the restoration things to their condition prior to the celebration of said contract

A

Recission

93
Q

Contracts are valid or binding unless they are anulled by a proper action in court

A

Voidable contract

94
Q

Waiver of one’s right to annul the voidable contract

A

Ratification

95
Q

Cannot be sued upon or enforced unless ratified, thus it is as if they have no effect yet

A

Unenforceable contracts

96
Q

Contract that has no effect at all. Cannot be ratified or validated

A

Void contract

97
Q

Contract for goods that are manufactured special order and not for the general market

A

Contract for a piece of work

98
Q

Contractor binds himself to execute a piece of work for the employer, in consideration of a certain price or compensation. Contractor may either employ labor or skill, or also to furnish the material

A

Contract for a piece of work

99
Q

If the contractor agreed to produce the work from material furnished by him, he shall deliver the things produced to the employer and transfer dominion over the thing. This contract shall be governed by the following articles as well as by the pertinent provisions on warranty of title and against hidden deffects and the payment of price in a contract for sale

A

Contractor-supplied materials

100
Q

The contractor who has undertaken to put not only his skill or work, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it or if the destruction was caused by poor quality of matls, provided this fact was communicated in due time to the owner. If the materials are lost through a fortuitous event, the contract is extinguished

A

Owner supplied materials

101
Q

The engineer or architect who drew up plans and specifications for a building is liable for damages if within ____ from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground

A

15 yrs

102
Q

The action must be brought within ___ following the collapse of the building

A

10 yrs

103
Q

The designer-contractor agrees to furnish both the labor and materials and to deliver the job completely on the date agreed upon. The obligation of the employer, on the other hand, is to pay the contract price upon finishing the job

A

Lump sum contract

104
Q

Neither the employer nor the designer knows how much the job will cost until after its completion. The designer or contractor undertakes to do the job with the employer paying for both the labor and materials. A fixed amount representing the contractor’s fees for service rendered is agreed upon beforehand

A

Cost-plus a fixed amount

105
Q

Compensation of the designer-contractor is not fixed in the sense that the exact amount cannot be determined yet except that they both know it is a certain percentage of whatever may be the cost of the labor and the materials

A

Cost-plus a certain percentage

106
Q

Parties agree on a basic price which both of them believe is reasonably the amount that will be spent for labor and materials

A

Cost-plus a certain percentage with a variable increase of decrease as a bonus or deduction

107
Q

Estimated reparation in money for detriment or injury sustained, or the compensation or satisfaction imposed by law for a wrong or injury caused by a violation of legal right

A

Damages

108
Q

Adequate compensation for pecuniary loss suffered

A

Actual or compensatory damage

109
Q

Incapable of pecuniary estimation or computation but are recoverable in the amount to be determined by the court provided they are the proximate result of the wrongdoer’s act or omission

A

Moral damages

110
Q

Those awarded to vindicate or recognize the right of plaintiff, which has been violated, and not necessarily to indemnify him for any loss suffered. These are awarded in any case when the party injured can show injury to his legal right

A

Nominal damages

111
Q

Some pecuniary loss has been suffered but its amount cannot, from the nature of its case, be proved with certainty

A

Temperate or moderate damages

112
Q

those agreed upon by the parties to a contract, to be paid in case of breach thereof

A

Liquidated damages

113
Q

Those of which are imposed in additional to moral, temperate, liquidated or compensatory damages by way of example or correction for the public good

A

Exemplary or corrective damages

Ethics (4 decks)

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