Ethics Quiz 3 Mapua

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Quizzes Created: 1 | Total Attempts: 289

Questions: 56 | Attempts: 289 | Updated: Mar 22, 2023

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Questions and Answers

1.

A situation in which an engineer’s loyalty and obligations may be compromised because of self interests or other loyalties and obligations
- A.
  
  Conflict of interest
- B.
  
  Conceptual Issues
- C.
  
  Concern of Interest
- D.
  
  Option 4
Correct Answer
A. Conflict of interest

Explanation
Conflict of interest refers to a situation where an individual, in this case, an engineer, faces a dilemma due to conflicting loyalties and obligations. This conflict arises when the engineer's personal interests or other loyalties interfere with their professional duties and responsibilities. It may compromise their ability to make unbiased decisions or act in the best interests of their employer or clients. Therefore, "Conflict of interest" is the most appropriate term to describe the given situation.

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2.

The NSPE code deals with the protection of the environment.
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
The NSPE code is a set of guidelines and ethical standards for engineers. One aspect of these guidelines is the protection of the environment. This means that engineers who follow the NSPE code are expected to consider and prioritize environmental concerns in their work. Therefore, the statement that the NSPE code deals with the protection of the environment is true.

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3.

Engineers shall undertake assignments only when qualified by education or experience in the specific technical fields involved.
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
This statement is true because engineers should only take on assignments that they are qualified for in terms of education or experience in the specific technical fields involved. This ensures that they have the necessary knowledge and skills to successfully complete the task at hand and to ensure the safety and quality of their work. It is important for engineers to have the appropriate qualifications to avoid any potential risks or mistakes that could arise from undertaking assignments outside of their expertise.

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4.

Engineers may not participate in any matter involving a conflict of interest if it could influence or appear to influence their judgment or the quality of their services.
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
Engineers are required to avoid participating in any matter that could create a conflict of interest, as it may compromise their judgment or the quality of their services. This means that they should not engage in activities that could potentially influence their decision-making or create a perception of bias. Therefore, the correct answer is False, as engineers are expected to uphold ethical standards and prioritize objectivity in their work.

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5.

Engineers shall not accept financial or other considerations, including free engineering designs, from material or equipment suppliers for specifying their _______.

Correct Answer
product

Explanation
Engineers are expected to maintain a high level of professionalism and integrity in their work. Accepting financial or other considerations from material or equipment suppliers for specifying their products can create a conflict of interest and compromise the engineer's objectivity and impartiality. This can lead to biased decision-making and potentially compromise the quality and safety of the engineering project. Therefore, engineers should avoid accepting any form of compensation or incentives from suppliers when specifying products.

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4
6.

Under NSPE Code of Ethics__________ engineers may express publicly technical opinions that are founded upon knowledge of the facts and competence in the subject matter.
- A.
  
  III.3.b.
- B.
  
  II.3.b.
- C.
  
  I.3.b.
- D.
  
  3.b.II
Correct Answer
B. II.3.b.

Explanation
Under the NSPE Code of Ethics, engineers are allowed to publicly express technical opinions as long as they are based on factual knowledge and competence in the subject matter. This means that engineers are encouraged to share their expertise and insights with the public, as long as they have the necessary knowledge and competence to support their opinions. This helps to ensure that technical opinions are reliable and trustworthy, and that engineers are using their expertise for the benefit of society.

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7.

You are working on a Power Point presentation to report program results to your client. To liven it up, you capture a funny photo you found on the Web for your first slide. Is it plagiarism?
- A.
  
  No
- B.
  
  Maybe
- C.
  
  Yes
- D.
  
  Option 4
Correct Answer
C. Yes

Explanation
Yes, using a funny photo found on the web without proper attribution or permission could be considered plagiarism. Plagiarism involves using someone else's work or ideas without giving them credit, and this applies to images as well. It is important to obtain the necessary permissions or use royalty-free images to avoid plagiarism and respect copyright laws.

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8.

Legal rights are:
- A.
  
  The system of rules established by authority, society, or custom
- B.
  
  The lack of clarity as to whether a particular act violates a law, rule or policy
- C.
  
  The ”just claims” given to all humans within a government’s jurisdiction
- D.
  
  The act of informing authorities of harmful, dangerous, or illegal activities
Correct Answer
C. The ”just claims” given to all humans within a government’s jurisdiction

Explanation
Legal rights are the "just claims" given to all humans within a government's jurisdiction. This means that every individual has certain entitlements and protections under the law, which are recognized and enforced by the government. These rights ensure that individuals are treated fairly and have the freedom to exercise their basic human rights without unjust interference. Legal rights encompass various aspects of life, such as the right to life, liberty, and property, freedom of speech, religion, and assembly, and the right to a fair trial. They form the foundation of a democratic society and are essential for upholding justice and equality.

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9.

Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act in bad faith.
- A.
  
  Art 1385 Par 2
- B.
  
  Art 1385 Par 3
- C.
  
  Art 1384 Par 2
- D.
  
  Art 1384 Par 3
Correct Answer
A. Art 1385 Par 2

Explanation
This answer is correct because Article 1385, Paragraph 2 of the law states that rescission of a contract cannot occur if the objects of the contract are legally in the possession of third parties who did not act in bad faith. This means that if someone enters into a contract and the items or property involved in the contract are already in the possession of a third party who obtained them legally and without any dishonesty, the contract cannot be rescinded.

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10.

Which of the following does not belong to the Badges of Fraud?
- A.
  
  Fictitious/insufficient consideration
- B.
  
  Conveyance is after suit is filed and while it is pending
- C.
  
  Sale on Credit by insolvent debtor
- D.
  
  Failure of evidence to nearly all debtor's property
Correct Answer
D. Failure of evidence to nearly all debtor's property

Explanation
The given options are all examples of the Badges of Fraud, which are indicators that a transaction may be fraudulent. However, the option "Failure of evidence to nearly all debtor's property" does not fit the criteria of a Badge of Fraud. It does not involve any fraudulent activity or indicate any suspicious behavior. Therefore, it does not belong to the Badges of Fraud.

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11.

What is/are the kind/s of voidable/annulable contract/s?
- A.
  
  Want of consent
- B.
  
  Vitiated capacity
- C.
  
  Want of capacity, Vitiated consent
- D.
  
  Vitiation, Ratification
Correct Answer
C. Want of capacity, Vitiated consent

Explanation
The correct answer is "Want of capacity, Vitiated consent". A voidable or annulable contract can occur when one party lacks the legal capacity to enter into a contract, such as a minor or a person with a mental impairment. It can also occur when one party's consent is vitiated or affected by factors such as fraud, coercion, or mistake. In this case, the answer combines both elements, indicating that a contract can be voidable if one party lacks capacity and the other party's consent is vitiated.

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12.

Capable parties cannot allege the incapacity of those with whom they contracted
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
This statement means that if capable parties enter into a contract with each other, they cannot later claim that the other party was incapable of understanding or fulfilling the contract. In other words, both parties are assumed to be capable and competent to enter into the contract, and they cannot use the excuse of incapacity to avoid their obligations.

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13.

Creditor has made subsequent contract, giving advantage to a 3rd person.
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
The statement is false because a creditor cannot unilaterally make a subsequent contract that gives an advantage to a third person without the consent or agreement of the debtor. Any changes or modifications to the original contract would typically require the agreement of all parties involved.

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14.

Art 1398 Restore to each other things which have been the subject matter of the contract together with fruits and the price with interest.
- A.
  
  Mutual Restitution
- B.
  
  Mutual Constitution
- C.
  
  Mutual Institution
- D.
  
  Mutual Ratification
Correct Answer
A. Mutual Restitution

Explanation
The correct answer is Mutual Restitution. Art 1398 refers to the concept of restoring to each other the things that were part of a contract, along with any fruits (benefits) that were derived from them, as well as the price of the contract with interest. This implies that both parties involved in the contract should return what they received, creating a mutual restitution.

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15.

Essay Enumerate those who may bring action for rescission
- A.
  
  creditor injured
- B.
  
  Heirs of creditor injured
- C.
  
  Creditors of creditor injured
- D.
  
  Option4
Correct Answer(s)
A. creditor injured
B. Heirs of creditor injured
C. Creditors of creditor injured

Explanation
The individuals who may bring an action for rescission are the creditor who was injured, the heirs of the creditor who was injured, and the creditors of the creditor who was injured. These parties have a direct interest in the situation and may seek to rescind the transaction or contract that caused harm or injury to the creditor.

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16.

Essay: Enumerate the requisites of ratification
- A.
  
  Contract is voidable/annullable
- B.
  
  Ratification is made with the knowledge of the cause for nullity
- C.
  
  At the time of ratification, the cause of nullity has already ceased to exist
- D.
  
  Option4
Correct Answer(s)
A. Contract is voidable/annullable
B. Ratification is made with the knowledge of the cause for nullity
C. At the time of ratification, the cause of nullity has already ceased to exist

Explanation
The correct answer is that all three requisites of ratification must be met: the contract is voidable/annullable, ratification is made with the knowledge of the cause for nullity, and at the time of ratification, the cause of nullity has already ceased to exist. This means that a contract can only be ratified if it is voidable or annullable, the person ratifying it is aware of the reason why it could be nullified, and the reason for nullity no longer exists at the time of ratification.

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17.

The determinatiOn shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is equiitable under the circumstances.

Correct Answer(s)
Art 1310
18.

A contract in which one party has already prepared a form of a contract containing stipulations desired by him and he simply asks the other party to agree to them if he wants to enter into the contract.

Correct Answer(s)
Contract of Adhesion

Explanation
A contract of adhesion refers to a situation where one party has already drafted a contract with terms and conditions that are favorable to them. They then present this contract to the other party, who is given the choice to either accept the terms as they are or reject the contract altogether. This type of contract is often seen in situations where one party has significantly more bargaining power or control over the terms of the agreement. The other party may feel compelled to accept the contract, even if they would prefer different terms, due to a lack of negotiation power.

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19.

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

Correct Answer(s)
Art 1308

Explanation
Art 1308 states that in contracts, both parties must be bound and the validity or compliance of the contract cannot be dependent solely on the will of one party. This means that for a contract to be valid, both parties must agree to the terms and conditions and be obligated to fulfill their obligations. This ensures fairness and prevents one party from having complete control or power over the contract.

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20.

A mere incidental interest of a 3rd person is not within the doctrine; it must be the purpose and intent of the stipulating parties to benefit the third person

Correct Answer(s)
Test of beneficial stipulation

Explanation
The answer "Test of beneficial stipulation" is correct because it accurately summarizes the main idea of the given statement. The statement is explaining that for a third person to be included in a doctrine, their benefit must be the purpose and intent of the parties involved, rather than just a minor or unrelated interest. In other words, the stipulation must be made with the intention of benefiting the third person. Therefore, the test to determine if a stipulation is beneficial is whether it was intended to benefit the third person or not.

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21.

Art 1305 A contract is a____________ between two persons whereby one binds himself, with respect to the other, to give something or to render some service.

Correct Answer(s)
meeting of minds

Explanation
The correct answer is "meeting of minds." This term refers to the mutual understanding and agreement between two individuals in a contract. It signifies that both parties involved have reached a consensus and have agreed to fulfill certain obligations or provide specific services to each other. This concept is essential in contract law as it establishes the basis for a legally binding agreement.

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22.

Natural elements exist as part of the contract even if the parties do not provide for them, because the law, as suppletory to the contract, __________them

Correct Answer(s)
creates

Explanation
The explanation for the given correct answer is that the law, as suppletory to the contract, creates natural elements even if the parties do not specifically provide for them. This means that certain aspects or conditions that are inherent in nature and relevant to the contract will be considered and included by default, regardless of whether the parties explicitly mention them in the agreement.

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23.

Accidental elements agreed upon by the parties and which cannot exist without being _________.

Correct Answer(s)
stipulated

Explanation
Accidental elements agreed upon by the parties and which cannot exist without being stipulated means that these elements are specifically mentioned or required in the agreement. They are essential and necessary for the agreement to be valid and enforceable. Without being stipulated, these elements would not be recognized or included in the agreement.

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24.

It is a stage of contract where in fulfillment or the performance of the terms agreed upon in the contract?

Correct Answer(s)
consummation or death

Explanation
The correct answer is consummation or death. In the context of a contract, consummation refers to the completion or fulfillment of the terms and conditions agreed upon by the parties involved. This stage marks the point at which both parties have fully performed their obligations under the contract. Alternatively, death can also terminate a contract, as it renders one or both parties unable to fulfill their obligations. Therefore, consummation or death are the two possible outcomes that can bring the contract to a close.

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25.

Art 1393 Express or tacit: execute an act which necessariy implied an intention to waive his rights E.g of EXPRESS; any oral or written manifestation of the person entitled to ask for annulment that he agrees to be bound by the contract or that he will not seek its annulment.
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
The given statement is true. According to Article 1393, a person can express or tacitly waive their rights by performing an act that implies their intention to do so. An example of an express waiver is when the person entitled to ask for annulment orally or in writing manifests their agreement to be bound by the contract or states that they will not seek its annulment. Therefore, the statement is correct.

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26.

This are the characteristic of unenforcabled of contracts except:
- A.
  
  They can be enforce by a proper action in court
- B.
  
  They are subsecctible in ractification
- C.
  
  They cannot be enforce by a proper action in court
- D.
  
  They cannot be assailed by th third person.
Correct Answer
A. They can be enforce by a proper action in court

Explanation
The correct answer is "They cannot be enforced by a proper action in court." This means that unenforceable contracts cannot be legally enforced through a court action. The other options are incorrect because unenforceable contracts can still be subject to ratification (making them enforceable), and they can be assailed by a third person (challenged or disputed).

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27.

This is produced by legal effects unless set aside by competent court
- A.
  
  Rescissable.
- B.
  
  Unenforcable
- C.
  
  Availability
- D.
  
  Monitorig
Correct Answer
A. Rescissable.

Explanation
The term "rescissable" refers to something that can be cancelled or revoked. In this context, the statement suggests that the mentioned action or agreement is produced by legal effects, but it can be cancelled or set aside by a competent court. Therefore, the correct answer is "rescissable."

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28.

Special promise to answer for the debt, default or miscarraige and another liability for tort are not be restricted on this liability.
- A.
  
  Liable of debt.
- B.
  
  Lialle of creditor
- C.
  
  Liable of debtor
- D.
  
  Liable of the object
Correct Answer
A. Liable of debt.

Explanation
The correct answer is "Liable of debt." This means that the liability mentioned in the statement refers specifically to a debt. The statement also states that special promises related to default, miscarriage, and liability for tort are not restricted on this liability, further emphasizing that it is specifically related to debt.

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29.

This is the ability of the creditor to make sure the the contract is settled
- A.
  
  Consent
- B.
  
  Payment
- C.
  
  Obligation
- D.
  
  Permission
Correct Answer
A. Consent

Explanation
Consent refers to the agreement or permission given by one party to another. In the context of the given question, the ability of the creditor to ensure that the contract is settled relies on obtaining the consent of the debtor. Without the debtor's consent, the creditor may face difficulties in enforcing the terms of the contract and receiving payment. Therefore, consent is crucial in ensuring the successful settlement of the contract and fulfilling the creditor's obligations.

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30.

This is the minimum requirement written in memorandum EXCEPT
- A.
  
  Written contract.
- B.
  
  LSA
- C.
  
  Term of Condition
- D.
  
  Date and Place of the contract
Correct Answer
A. Written contract.

Explanation
The correct answer is "written contract." This is because the question asks for the minimum requirement written in the memorandum, and the other options listed (LSA, Term of Condition, Date and Place of the contract) are all examples of information that would typically be included in a memorandum. A written contract is a separate document that may be referenced in the memorandum, but it is not a requirement to be included within the memorandum itself.

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31.

This is necessary because nobody can take the law into his own hand.
- A.
  
  Action to Declare Nullity.
- B.
  
  Action to declare contract
- C.
  
  Action to delare void
- D.
  
  Action to declare executory
Correct Answer
A. Action to Declare Nullity.

Explanation
The correct answer is "Action to Declare Nullity" because when someone takes the law into their own hands, they are essentially disregarding the legal system and acting outside of its boundaries. In order to maintain order and ensure justice, it is necessary to have a legal process in place to nullify any actions taken unlawfully. Therefore, an action to declare nullity provides a legal recourse to address situations where individuals attempt to bypass the law and take matters into their own hands.

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32.

Art 1417 declares that the amout paid exceeds to the maximum fixed by law. Any persion paying in excess of the maximum price may recover in such excess
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
According to Article 1417, if the amount paid for a product or service exceeds the maximum price set by law, the person who made the payment can recover the excess amount. This means that if someone pays more than what is legally allowed, they have the right to get the extra money back. Therefore, the statement "True" is correct.

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33.

Art 1420 When the labored agrees to accept a lower wage than that set by the la.
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
The statement is false because according to Article 1420, if a laborer agrees to accept a lower wage than that set by the law, the agreement is considered null and void. The law sets minimum wage standards to protect the rights and interests of the laborers, and any agreement that goes against these standards is not legally enforceable. Therefore, the correct answer is false.

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34.

Art 1410 does prescribe. Defect is permanent and incurrable.
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
The statement is stating that Art 1410 prescribes a permanent and incurable defect. However, the correct answer is False, indicating that the statement is incorrect. The explanation for this answer could be that Art 1410 does not prescribe a permanent and incurable defect, but rather it may prescribe certain conditions or requirements for a defect to be considered valid or actionable.

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35.

Contract that has caused a particular damage to one of the parties or to a third person andwhich for EQUITABLE REASONS may be set aside even if valid.
- A.
  
  RESCISSIBLE
- B.
  
  VOIDABLE OR ANNULLABLE
- C.
  
  UNENFORCEABLE
- D.
  
  VOID AND NON-EXISTENT
Correct Answer
A. RESCISSIBLE

Explanation
A contract that is rescissible is one that can be set aside due to equitable reasons, even if it is initially valid. This means that if the contract has caused harm to one of the parties or to a third person, it can be canceled or annulled. The equitable reasons may include situations where one party was deceived or coerced into entering the contract, or where the contract is against public policy. Rescission allows the injured party to be restored to their original position before entering into the contract.

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36.

If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.
- A.
  
  Art 1372
- B.
  
  Art 1374
- C.
  
  Art 1371
- D.
  
  Art 1370
Correct Answer
D. Art 1370

Explanation
The correct answer is Art 1370. This article states that if the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. In other words, when the language of the contract is unambiguous, the parties' intentions are determined solely by the words used in the contract.

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37.

When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed.
- A.
  
  Art 1365
- B.
  
  Art 1364
- C.
  
  Art 1363
- D.
  
  Art 1366
Correct Answer
C. Art 1363

Explanation
When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed. This means that if one party made a mistake in the agreement and the other party knew about it but intentionally hid the truth, the instrument can be corrected or reformed to reflect the true agreement between the parties. This is stated in Article 1363.

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38.

In between VALID and DEFECTIVE contracts is ________ ineffectively only with respect to certainparties, but are effective as to other persons.
- A.
  
  Relatively Ineffective
- B.
  
  Relatively effective
- C.
  
  Ineffective
- D.
  
  Effective
Correct Answer
A. Relatively Ineffective

Explanation
Relatively ineffective contracts are those that lack full enforceability for certain parties, but still hold legal validity for other individuals. This means that while these contracts may not be fully effective for everyone involved, they still have some level of effectiveness and can be legally binding for certain individuals.

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39.

Enumerate two of Requisites for Reformation of Instruments
- A.
  
  Meeting of the minds upon the contract
- B.
  
  The true intention of the parties is not expressed in the instrument
- C.
  
  Option3
- D.
  
  Option4
Correct Answer(s)
A. Meeting of the minds upon the contract
B. The true intention of the parties is not expressed in the instrument

Explanation
The correct answer is Meeting of the minds upon the contract and The true intention of the parties is not expressed in the instrument. These two factors are considered as requisites for reformation of instruments. Meeting of the minds refers to the mutual agreement and understanding between the parties involved in the contract. If there is a lack of consensus or misunderstanding, the instrument may need to be reformed. The true intention of the parties not being expressed in the instrument means that the written document does not accurately reflect the intentions or terms agreed upon by the parties. Reformation may be necessary in order to correct this discrepancy.

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40.

Enumerate the 4 kinds of defective contract
- A.
  
  RESCISSIBLE
- B.
  
  VOIDABLE OR ANNULLABLE
- C.
  
  UNENFORCEABLE
- D.
  
  VOID AND NON-EXISTENT
Correct Answer(s)
A. RESCISSIBLE
B. VOIDABLE OR ANNULLABLE
C. UNENFORCEABLE
D. VOID AND NON-EXISTENT

Explanation
The given answer correctly lists the four kinds of defective contracts.

1) Rescissible contracts are those that can be canceled or rescinded by one or both parties due to certain grounds specified by law.
2) Voidable or annullable contracts are those that are initially valid but can be voided or canceled by one party due to some legal defect or lack of consent.
3) Unenforceable contracts are those that are valid but cannot be enforced by a court of law due to some technicality or lack of legal requirements.
4) Void and non-existent contracts are those that have no legal effect from the beginning and are considered null and void.

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41.

Those required for the purpose of proving the existence of the contract, such as those underthe Statute of Frauds in Art 1405
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
The statement "Those required for the purpose of proving the existence of the contract, such as those under the Statute of Frauds in Art 1405" is incorrect. The Statute of Frauds is a legal doctrine that requires certain contracts to be in writing in order to be enforceable. It does not pertain to proving the existence of a contract, but rather to the enforceability of the contract. Therefore, the correct answer is False.

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42.

Art 1361 When amutual mistakeof the parties causes the failure of the instrument to disclose their realagreement, said instrument may be reformed
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
The given statement is true. According to Art 1361, when there is a mutual mistake of the parties that causes the failure of the instrument to disclose their real agreement, the instrument may be reformed. This means that if both parties made a mistake in the terms of the agreement, and the instrument does not accurately reflect their true intentions, it can be corrected or reformed to reflect the actual agreement between the parties.

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43.

Consideration requires a legal ____to the promisee more than a moral duety

Correct Answer
Detriment

Explanation
Consideration is an essential element in a contract, and it refers to something of value that is exchanged between the parties involved. In this case, the correct answer is "detriment." Detriment means that the promisee must suffer a loss, give up a right, or endure some form of disadvantage in order for the promise to be enforceable. This goes beyond a mere moral duty, as consideration requires a tangible and measurable detriment that the promisee incurs as a result of the promise.

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44.

Under Art. 1348, Impossible things or services cannot be the object of contracts. What are examples of impossible things?
- A.
  
  Susceptible of Existing
- B.
  
  Outside the commerce of man
- C.
  
  Beyond the ordinary strength of man
- D.
  
  All of the above
Correct Answer
D. All of the above

Explanation
Under Article 1348, impossible things or services cannot be the object of contracts. The options provided in the question all fall under the category of impossible things. "Susceptible of Existing" refers to things that cannot exist in reality, "Outside the commerce of man" refers to things that are not within the scope of human activity or trade, and "Beyond the ordinary strength of man" refers to things that are physically impossible for a human to accomplish. Therefore, all of the options listed are examples of impossible things.

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45.

Art. 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

Explanation
The given statement is true. According to Article 1339, if a party fails to disclose facts that they have a duty to reveal, especially in cases where there is a confidential relationship between the parties, it is considered fraud. This means that if one party intentionally hides important information that the other party should know, it can be seen as deceitful and fraudulent behavior.

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46.

The NSPE code deals with the proArt. 1345. Simulation of a contract may be ___ or ___. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement.tection of the environment.
- A.
  
  Absolute, relative
- B.
  
  Mutual, conjunct
- C.
  
  Regulated, unsigned
- D.
  
  Option 4
Correct Answer
C. Regulated, unsigned

Explanation
The NSPE code deals with the protection of the environment. In the context of contracts, simulation refers to situations where the parties either do not intend to be bound at all (absolute) or when they conceal their true agreement (relative). The term "regulated" refers to a situation where there are rules or regulations governing the contract, while "unsigned" means that the contract has not been signed. Therefore, the correct answer is "regulated, unsigned" because it accurately describes the two types of simulation in contract law.

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47.

Onerous Contracts are needed to be adequate or may not be exact equivalent in point actual value especially in dealing with objects which have rapidly fluctuating price
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
Onerous contracts are not needed to be adequate or exact equivalent in terms of the actual value, especially when dealing with objects that have rapidly fluctuating prices. This means that onerous contracts do not necessarily have to accurately reflect the current value of the objects involved. Therefore, the correct answer is false.

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48.

Under Art. 1347, All Rights may be intransmissible.
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

Explanation
According to Article 1347, all rights are generally transmissible, meaning they can be transferred or passed on to another person. Therefore, the correct answer is false.

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49.

Art. 1345 Simulation of a contract may be ____ or ____. The former takes place when the parties do not intend to be bound at all, the latter;
- A.
  
  Legal or Constitutionalized
- B.
  
  Relational or Comparative
- C.
  
  Option 3
- D.
  
  Absolute or Relative
Correct Answer
D. Absolute or Relative

Explanation
Simulation of a contract refers to a situation where the parties involved do not have the intention to be bound by the terms of the contract. Absolute simulation occurs when the parties have no intention to be bound at all, while relative simulation occurs when the parties have a hidden agreement or understanding that the contract is not intended to be legally enforceable.

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50.

There are four theories on when the contract is perfected. Which theory is about the counter offeree manifest his acceptance?
- A.
  
  Manifestation theory
- B.
  
  Expedition theory
- C.
  
  Reception theory
- D.
  
  Cognition theory
Correct Answer
A. Manifestation theory

Explanation
Manifestation theory is the correct answer because it states that the contract is perfected when the counter-offeree manifests his acceptance. This means that the contract is considered valid and binding as soon as the counter-offeree clearly communicates his acceptance of the offer. The focus is on the outward expression of acceptance rather than the actual receipt or understanding of the acceptance by the offeror.

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Oct 09, 2018

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Ethics Quiz 3 Mapua

A situation in which an engineer’s loyalty and obligations may be compromised because of self interests or other loyalties and obligations

The NSPE code deals with the protection of the environment.

Engineers shall undertake assignments only when qualified by education or experience in the specific technical fields involved.

Engineers may not participate in any matter involving a conflict of interest if it could influence or appear to influence their judgment or the quality of their services.

Engineers shall not accept financial or other considerations, including free engineering designs, from material or equipment suppliers for specifying their _______.

Under NSPE Code of Ethics__________ engineers may express publicly technical opinions that are founded upon knowledge of the facts and competence in the subject matter.

You are working on a Power Point presentation to report program results to your client. To liven it up, you capture a funny photo you found on the Web for your first slide. Is it plagiarism?

Legal rights are:

Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act in bad faith.

Which of the following does not belong to the Badges of Fraud?

What is/are the kind/s of voidable/annulable contract/s?

Capable parties cannot allege the incapacity of those with whom they contracted

Creditor has made subsequent contract, giving advantage to a 3rd person.

Art 1398 Restore to each other things which have been the subject matter of the contract together with fruits and the price with interest.

Essay Enumerate those who may bring action for rescission

Essay: Enumerate the requisites of ratification

The determinatiOn shall not be obligatory if it is evidently inequitable. In such case, the courts shall decide what is equiitable under the circumstances.

A contract in which one party has already prepared a form of a contract containing stipulations desired by him and he simply asks the other party to agree to them if he wants to enter into the contract.

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

A mere incidental interest of a 3rd person is not within the doctrine; it must be the purpose and intent of the stipulating parties to benefit the third person

Art 1305 A contract is a____________ between two persons whereby one binds himself, with respect to the other, to give something or to render some service.

Natural elements exist as part of the contract even if the parties do not provide for them, because the law, as suppletory to the contract, __________them

Accidental elements agreed upon by the parties and which cannot exist without being _________.

It is a stage of contract where in fulfillment or the performance of the terms agreed upon in the contract?

Art 1393 Express or tacit: execute an act which necessariy implied an intention to waive his rights E.g of EXPRESS; any oral or written manifestation of the person entitled to ask for annulment that he agrees to be bound by the contract or that he will not seek its annulment.

This are the characteristic of unenforcabled of contracts except:

This is produced by legal effects unless set aside by competent court

Special promise to answer for the debt, default or miscarraige and another liability for tort are not be restricted on this liability.

This is the ability of the creditor to make sure the the contract is settled

This is the minimum requirement written in memorandum EXCEPT

This is necessary because nobody can take the law into his own hand.

Art 1417 declares that the amout paid exceeds to the maximum fixed by law. Any persion paying in excess of the maximum price may recover in such excess

Art 1420 When the labored agrees to accept a lower wage than that set by the la.

Art 1410 does prescribe. Defect is permanent and incurrable.

Contract that has caused a particular damage to one of the parties or to a third person andwhich for EQUITABLE REASONS may be set aside even if valid.

If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.

When one party was mistaken and the other knew or believed that the instrument did not state their real agreement, but concealed that fact from the former, the instrument may be reformed.

In between VALID and DEFECTIVE contracts is ________ ineffectively only with respect to certainparties, but are effective as to other persons.

Enumerate two of Requisites for Reformation of Instruments

Enumerate the 4 kinds of defective contract

Those required for the purpose of proving the existence of the contract, such as those underthe Statute of Frauds in Art 1405

Art 1361 When amutual mistakeof the parties causes the failure of the instrument to disclose their realagreement, said instrument may be reformed

Consideration requires a legal ____to the promisee more than a moral duety

Under Art. 1348, Impossible things or services cannot be the object of contracts. What are examples of impossible things?

Art. 1339. Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.

The NSPE code deals with the proArt. 1345. Simulation of a contract may be ___ or ___. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement.tection of the environment.

Onerous Contracts are needed to be adequate or may not be exact equivalent in point actual value especially in dealing with objects which have rapidly fluctuating price

Under Art. 1347, All Rights may be intransmissible.

Art. 1345 Simulation of a contract may be ____ or ____. The former takes place when the parties do not intend to be bound at all, the latter;

There are four theories on when the contract is perfected. Which theory is about the counter offeree manifest his acceptance?

The NSPE code deals with the proArt. 1345. Simulation of a contract may be _ or _. The former takes place when the parties do not intend to be bound at all; the latter, when the parties conceal their true agreement.tection of the environment.

Art. 1345 Simulation of a contract may be or . The former takes place when the parties do not intend to be bound at all, the latter;