PPT1

Question 1

Obligation is a juridical necessity to _______, to _______, or _______.

Answer 1

give, to do, or not to do

Question 2

A juridical necessity exists because the rights and duties emanating from the obligation may be enforced by the _______.

Answer 2

courts of law

Question 2

In Philippine law, an _______ is a moral or legal duty that requires an individual to perform, as well as potential penalties to perform.

Answer 2

obligation

Question 3

The Latin word “OBLIGARE” means to bind through _______, _______, or _______ something.

Answer 3

giving, doing, or not doing

Question 4

The obligation to give is in essence a _______ obligation because a physical thing is involved.

Answer 4

real

Question 4

The prestation to do or not to do are _______ obligations, like to draw a plan of a house (positive) or not to draw a plan (negative).

Answer 4

personal

Question 5

An obligation is nothing more than the duty of a person _______ to satisfy a specific demandable claim of another person (_______).

Answer 5

obligor, obligee

Question 5

Every obligation has four essential requisites: (a) _______, (b) _______, (c) _______, and (d) _______.

Answer 5

Juridical Tie or Vinculum, Prestation, Active Subject, Passive Subject

Question 6

The sources of obligations according to Article 1157 of the Civil Code include obligations arising from _______, _______, _______, _______, and _______.

Answer 6

law, contracts, quasi-contracts, acts or omissions punishable by law, quasi-delicts

Question 6

If a contract lacks any of the three essential elements—consent, object certain, and cause—the contract is _______.

Answer 6

null and void

Question 6

The three stages of a contract are _______, _______, and _______.

Answer 6

preparation, perfection, consummation

Question 6

A _______ is defined as the meeting of the minds between two persons whereby one binds himself with respect to the other to give something or to render some service.

Answer 6

contract

Question 7

A rescissible contract is one that was entered into legally but has resulted in _______ to one of the parties or an outside party.

Answer 7

economic damage

Question 8

The different types of construction engineering contracts include _______, _______, _______, _______, and _______.

Answer 8

lump sum contracts, labor-only contracts, cost-plus contracts, unit price contracts, time and materials contracts

Question 8

A lump sum contract, also known as a _______, is a type of contract where a single price is quoted for the entire project.

Answer 8

straight contract

Question 9

A major disadvantage for contractors under a lump sum contract is that they incur the cost of going _______.

Answer 9

over budget

Question 10

In lump sum contracts, variations are common due to factors such as _______, _______, _______, and _______.

Answer 10

” design errors, omissions and discrepancies, incorrect interpretation of plans or designs, specification changes, increases or decreases in necessary material
quantities”

Question 11

One common issue with lump sum contracts is _______, which can be caused by weather conditions, supply chain disruptions, or lack of clarity, failure to provide timely instructions.

Answer 11

delays

Question 12

The cost of _______ and _______ can fluctuate throughout a project, and lump sum contracts do not account for these changes.

Answer 12

labor, materials

Question 13

A contract is a legally binding _______ between two or more parties.

Answer 13

agreement

Question 14

The law defines a contract as a “_______ between two persons.”

Answer 14

meeting of the minds

Question 15

A contract becomes valid when it meets the three essential requisites: _______, _______, and _______.

Answer 15

consent, object certain, cause of obligation

Question 16

The first stage of a contract, _______, involves negotiation and initial agreements.

Answer 16

preparation

Question 17

The second stage of a contract, _______, is when the parties reach an agreement on the subject matter.

Answer 17

perfection

Question 18

The third stage of a contract, _______, is the implementation of the terms agreed upon.

Answer 18

consummation

Question 19

A _______ is a promise or arrangement between two or more parties to do or not to do something.

Answer 19

agreement

Question 20

Unlike a contract, an agreement is usually _______ and sometimes unwritten.

Answer 20

informal

Question 21

A contract is legally _______ in court, whereas an agreement may not be.

Answer 21

enforceable

Question 22

The vinculum or juridical tie in an obligation binds the _______ and the _______.

Answer 22

active subject, passive subject

Question 23

A person who has the right to demand performance of an obligation is called the _______.

Answer 23

active subject

Question 24

The person who is required to fulfill the obligation is called the _______.

Answer 24

passive subject

Question 25

The term used when a contract is canceled or terminated due to non-performance is _______.

Answer 25

rescission

Question 26

The PPP contract stands for _______.

Answer 26

Public-Private Partnership

Question 27

The ____, also called vinculum, is the link that binds the parties.

Answer 27

juridical tie

Question 28

The prestation refers to the ____, ____, or ____ of something.

Answer 28

giving, doing, or not doing

Question 29

The active subject is the person who ____ the prestation.

Answer 29

demands

Question 30

The passive subject is the person ____ whom the prestation may be demanded.

Answer 30

against

Question 31

The obligation of an employer to pay the correct wages is an obligation arising from ____.

Answer 31

law

Question 32

Contracts are agreements that are ____ binding.

Answer 32

legally

Question 33

Agreements are based on ____ and are not legally enforceable.

Answer 33

trust

Question 34

The obligation to pay taxes is an example of an obligation arising from ____.

Answer 34

law

Question 35

The consent of contracting parties refers to the ____.

Answer 35

conformity of wills

Question 36

____ are legally entered into but cause economic damages to one or more parties.

Answer 36

Rescissible contracts

Question 37

One reason for rescinding a contract is when a contractor uses ____ materials.

Answer 37

substandard

Question 38

Lump sum contracts simplify ____ flow management.

Answer 38

cash

Question 39

The duty to pay fare in public transport is an obligation arising from ____.

Answer 39

quasi-contracts

Question 40

The obligation to follow traffic laws is imposed by ____.

Answer 40

law

Question 41

The difference between an agreement and a contract is that a contract is ____.

Answer 41

legally binding

Question 42

BOT contracts stand for ____.

Answer 42

Build-Operate-Transfer

Question 43

Enumerate the four essential requisites of an obligation.

Answer 43

Juridical Tie (Vinculum), Prestation, Active Subject, Passive Subject

Question 44

List the five sources of obligations under Article 7 of the Civil Code.

Answer 44

Law, Contracts, Quasi-Contracts, Acts or Omissions Punishable by Law, Quasi-Delicts

Question 45

Name the three stages of a contract.

Answer 45

Preparation, Perfection, Consummation

Question 46

List at least five different types of construction engineering contracts.

Answer 46

Lump Sum Contracts, Labor-Only Contracts, Cost-Plus Contracts, Unit Price Contracts, Time and Materials Contracts

Question 47

Identify at least four advantages of a lump sum contract.

Answer 47

No unforeseen costs for the owner, Simple cash flow management, Opportunity for a larger profit margin for contractors, Easy access to financing

Question 48

Identify at least three disadvantages of a lump sum contract for the owner.

Answer 48

"Owners must submit and adhere to completed designs and finalized plans (making the project inflexible), contractors could use inferior materials or otherwise, owners must specify materials in the pre construction documentation they"

Question 49

Identify at least two disadvantages of a lump sum contract for the contractor.

Answer 49

Contractors incur the cost of going over budget, contractors also share the disadvantage of time consuming change order paperworks

Question 50

Three essential requisites of a contract.

Answer 50

Consent of the contracting parties, Object certain, Cause of obligation

Question 51

Four common causes of contract variations.

Answer 51

Design errors, Omissions and discrepancies, Incorrect interpretation of plans, Specification changes

Question 52

Five common causes of contract delays.

Answer 52

Weather conditions, Supply chain disruptions, Inadequate labor, Lack of equipment, Financial issues