Ethics Quiz 3 Mapua

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.

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.

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.

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.

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.

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."

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).

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.

Intimidation is the correct answer because it refers to the situation where one of the contracting parties is forced to give their consent due to a reasonable and well-grounded fear of an imminent and grave evil upon themselves, their spouse, descendants, or ascendants. In this scenario, the fear of harm or danger compels the party to agree to the contract against their will.

Accidental qualities refer to the non-essential characteristics or features of an object in a contract. These qualities are not considered essential to the contract and therefore any errors or mistakes related to them do not affect the validity of the contract. This means that even if there is an error or mistake regarding these accidental qualities, the contract will still remain valid and enforceable. Therefore, the statement that the error with respect to accidental qualities does not affect the validity of a contract is true.

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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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.

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.

The correct answer is Unemancipated minors, Insane or demented persons, and Deaf-mutes who do not know how to write. These three individuals are considered unable to give consent to a contract. Unemancipated minors are individuals who are under the legal age of adulthood and are not granted the rights and responsibilities of an adult. Insane or demented persons lack the mental capacity to understand and make informed decisions. Deaf-mutes who do not know how to write may have difficulty communicating and understanding the terms of a contract. Therefore, these individuals are unable to give valid consent to a contract.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The correct answer is "Certain, absolute." In order for consent to be valid and for a contract to be formed, the offer must be certain and the acceptance must be absolute. This means that both parties must clearly understand and agree to the terms and conditions of the contract without any ambiguity or uncertainty.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.