LEGASTH Finals
問題一覧
1
(Module 8). It is a breach of an obligation that refers to any illicit act or omission which impairs the strict and faithful fulfillment of the obligation and every defective performance.
Contravention of the Tenor
2
(Module 6).Any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
Labor Dispute
3
(Module 6). A temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
Strike
4
(Module 7). An employee who is unjustly dismissed from work shall be entitled to :
Reinstatement without loss of seniority rights and full wages, inclusive of allowance and to his other benefits or to their monetary equivalent, computed from the time his compensation was withheld from him up to the time of his reinstatement.
5
(Module 8). It is defined as defective contract due to considered to be inconsistent by operation of law.
Void
6
(Module 6). Any person accredited by the Board as such or any person named or designated in the Collective Bargaining Agreement by the parties or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement.
Voluntary Arbitrator
7
(Module 7). In case of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized cause.
Security of Tenure
8
(Module 8).It is one of the elements of a contract that defines the subject matter of the contract.
Object Certain
9
(Module 6). It is defined as the relationship between the management and the employees or between the management and union in unionized properties.
Labor Relations
10
(Module 8). A characteristics of the contract that must bind both contracting parties. Its validity or compliance cannot be left to the will of one of them.
Mutuality of Contracts
11
(Module 9). Selection and engagement refer to ___________ of the employer to hire the ___________ of a worker and his _________________ to keep the latter as his employee.
Choices, Services, Commitment
12
(Module 6). Are offenses committed by the employer or labor organization which violate constitutional rights of the workers and employees to self-organization.
Unfair Labor Practices
13
(Module 8). A type of contract that created whereby one person (lessor) binds himself to grant temporarily the enjoyment or use of a thing or to render of some work or service to another (lessee) who undertakes to pay some rent, compensation or price thereof.
Lease
14
(Module 8).It is one of the characteristics of a contract that take effect only between the contracting parties; it does not in any way affect third parties, unless the law otherwise provides.
Relativity of Contracts
15
(Module 8). An obligation is a juridical necessity to give, to do or not to do. The word "juridical necessity" connote ____________?
That in case of noncompliance, there will be legal sanctions.
16
(Module 8). It is sources of an obligation that is from a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.
Law
17
(Module 7). A notice is still needed if there is a Commission of a crime or offense against the employee, a serious insult on the honor and person, inhuman, or unbearable treatment.
False
18
(Module 8). It is an essential elements of contract that manifested by the meeting of the offer and acceptance upon the thing and the cause which are to constitute a Contract.
Consent of the Contracting Parties
19
(Module 9). It is a type of employment where they are engaged to perform a job, work or service for a pre-determined date of completion, or where the employment has a specific date of termination.
Term or Fixed Employment
20
(Module 9). Under Article 1700, Contracts are subject to the _______________ on labor unions, collective bargaining, strikes and lockouts, closed shops, wages, working conditions, hours of labor and similar subjects. The _______________ between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the ____________.
Special Laws, Relations, Common Good
21
(Module 9). It is defined where an employee is engaged to perform a job insignificant to the core of the employer.
Casual Employment
22
(Module 6).Any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining.
Strike Breaker
23
(Module 9). Relationship Determinants of EE & ER that refers to the employer's power to regulate how the work is done.
Presence or absence of power to control the putative employee's conduct.
24
(Module 8). A characteristics of the contract that the contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient.
Autonomy of Contracts
25
(Module 8) It is a sources of obligation that refer to the certain lawful, voluntary and unilateral acts giving rise to a juridical relation to the end that no one shall be unjustly enriched at the expense of another.
Quasi Contracts
26
(Module 7). Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.
True
27
(Module 7).An employee may terminate without just cause, the employer-employee relationship by serving half month notice. Without the notice, the employee may be not held liable for damages by the employer.
False
28
(Module 9). _____________ is a component of the employer's power to move or organize employees. It is a ____________________ whom to hire and/or fire.
Dismissal, Management Prerogative
29
(Module 8). It is an elements of a contract that refers to the thing, right or service, which is the subject matter of the obligation arising from the contract.
Object certain which is the subject matter of the Contract
30
(Module 9). It is a type of employment that will only work or performed during a specific time of the year.
Seasonal Employment
31
(Module 6). Any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
Lock out
32
(Module 8).
Non-fulfillment of an obligation from the time the obligee legally demands delivery or performance.
Delay or Mora
33
(Module 8). It an element of the obligation which refers to the one bound to perform the presentation to give, to do or not to do. He is called the debtor or obligor
Passive Subject
34
(Module 9). Under the Article XII, Section 3- Labor, the state shall _________________ the relations between workers and employer, ____________ the right of the labor to it just share in the fruits of production and the right of enterprises to _______________return on investments, and to expansion and growth.
Regulate, Recognizing, Reasonable
35
(Module 8). A characteristics of the contract that obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Obligatory force of contracts
36
(Module 8). It is one of the four elements of obligation that is one who is demanding the performance of the obligation. He is called the creditor or obligee.
Active Subject
37
(Module 7). Retirement pay is equivalent to at least _________________ for every year of service, a fraction of at least six months being considered as one whole year.
Half month salary
38
(Module 8). It is defined as defective contract due to injury or damage to either of the contracting parties.
Rescissible
39
(Module 7). Authorized Causes of Termination refers to any wrong doing committed by an employee such as serious misconduct, willful disobedience or insubordination, gross and habitual neglect of duties, fraud or willful breach of trust, loss of confidence, a commission of a crime or offense and analogous causes.
False
40
(Module 8). A type of contract whereby a person (agent) binds himself to render some service or to do something in representation or on behalf of another (principal), with the consent or authority of the latter.
Agency contract
41
(Module 8).It is a kind of obligation where both parties are bound to perform a part in the obligation
Bilateral Obligation
42
(Module 8).It is a kind of obligation when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.
Indivisible Obligation
43
(Module 8). It is a characteristics of Contracts that take effect only between the parties, their assigns and heirs.
Relativity of Contracts
44
(Module 9).The employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
Regular
45
(Module 8). It is one of the reasons that a contract exist when one of the parties promise to do or refrain from doing some specified action in the future.
Offer
46
(Module 8). It is one of the characteristics of a contract that refers to the legal duty of contracting parties to fulfill the promises specified in their contracts.
Obligatory force of Contracts
47
(Module 9). Employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
Non- Regular Employment
48
(Module 8). It is one of the elements of obligation that refers to the subject matter of the obligation which has economic value or susceptible to the pecuniary substitution in cases of non-compliance.
Presentation or Object
49
(Module 6).It is tasked to promote and maintain industrial peace by resolving labor and management disputes involving both local and overseas workers through compulsory arbitration and alternative modes of dispute resolutions.
National Labor Relations Commission
50
(Module 8). It is a sources of obligation that are from the acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between the parties.
Quasi Delicts
51
(Module 8). It is one of the reasons that a contract exist when the value that induces the parties to enter into the contract.
Consideration
52
(Module 9). It is a type of employment where there is a specific undertaking. The duration of project will be set and determined, where employees will complete or terminate engagement once it ends.
Project Employment
53
(Module 8). It is an elements of a contract that refers to the immediate, direct or most proximate reason which explains and justifies the creation of an obligation through the will of the contracting parties.
Cause of the obligation which is established
54
(Module 8). It is one of the elements of obligation that refers to the juridical tie of which the debtor has become bound to perform the presentation.
Juridical/Efficient cause
55
(Module 7). Retail, service and agricultural establishments or operations employing not more than ten employees or workers are not exempted from the coverage of the computation of retirement pay, Minimum Retirement Pay = Daily Rate x 22.5 x number of years of service.
False
56
(Module 8).It is a kind of obligation which is not burdened with any condition or term. It is immediately demandable.
Pure Obligation
57
(Module 7). Just Causes of Termination refers to economic circumstances that are not the employee's fault.
False
58
(Module 8). It is one of the reasons that a contract exist is when must be absolute, directed to the offeror, made with the intention to be bound to a contract, made within the proper time, and communicated to the offeror and learned by him.
Acceptance
59
(Module 6).Includes all disputes or any grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including any violations of the rights and conditions of union membership.
Internal Union Dispute
60
(Module 8). It means the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through proper action to order the performance.
Juridical Necessity
61
(Module 8). Types of Contracts that the contracting parties obligates himself to transfer ownership of and to deliver a determinate thing, and other to pay therefor a price certain in money or its equivalent.
Sales
62
(Module 8). Type of contract wherein one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it, in which case it is called commodatum; or money, or other consumable things, upon the condition that the same amount of the same kind and quality shall be paid, in which case it is called a loan or mutuum.
Loan contract
63
(Module 9). Relationship Determinants of EE & ER that refers to the choice of the employer to hire the services of a worker and his commitment to keep the latter as his employee.
Manner of section and engagement of the putative employee
64
(Module 7). An employee who voluntarily resigns from employment is ___________________, except when it is stipulated in the employment contract or Collective Bargaining Agreement or based on established employer practice in the company.
Not entitled to separation pay
65
(Module 6). It shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts and all disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, whether agricultural or non-agricultural, except those arising from the implementation or interpretation of collective bargaining agreements which shall be the subject of grievance procedure and/ or voluntary arbitration.
Bureau of Labor Relations
66
(Module 10).They are a good option for someone starting a low-risk business on a trial basis. Also, no additional taxation. However, because there is no formal separation, the business owner will become personally liable for any obligation the business might have.
Sole Proprietorship
67
(Module 10).It is a type of business entities that can exercise only such powers and functions expressly granted to it by law and those necessary or incident to its existence.
Corporation
68
(Module 10).It is a type of business entities that can do anything by agreement of the parties provided only that it is not contrary to law, morals, good customs, public policy and public order.
Partnership
69
(Module 10). The principle of delectus personae in ___________________ refers to the rule which is inherent in every partnership that no one can become a member of the partnership association without the consent of all the partners. Consequently, even if a partner will associate another person in his share in the partnership, the associate shall not be ______________into the partnership ______________________of all the partners, even if the partner having an associate should be a manager.
Partnership Relations, Admitted, Without the consent
70
(Module 10). It is a type of Partnership that one formed by 2 or more persons having as members one or more general partners and one or more limited partners, the latter not being personally liable for the obligation of the partnership.
Limited Partnership
71
(Module 10). It is a type of Partnership that one which in reality is not a partnership but is considered a partnership but is considered a partnership only in relation to those who, by their conduct of omission, are precluded to deny or disprove its existence.
Ostensible Partnership
72
(Module 10). It is a corporation who has engaged in a bona fide attempt to organize but is nonetheless defective and insufficiently organized.
De Facto Corporation
73
(Module 10). It is a corporation established by complying with all of the constitutional or statutory requirements of a particular governmental entity, thereby entirely and legally perfecting in its ability to transact business.
De Jure Corporation
74
(Module 10). It is a change in the relation of the partners caused by any partners ceasing to be associated in the carrying on as distinguished from the winding up of the business.
Dissolution of a Partnership
75
(Module 10). It is a set of formal documents filed with a government body to legally document the creation of a corporation.
Article of Incorporation
76
(Module 11). It defines as intended to provide the monetary amount necessary to replace what was lost and nothing more.
Actual/Compensatory Damages
77
(Module 11). When a bank or person offers money in the form of a loan and the stipulated time of repayment ends before the completion of payment. The defaulting party must compensate for this damaged as agreed in the contract.
Liquidated Damages
78
(Module 11). Are damages assessed in the legal process to punish a defendant for negligence. The defendant is usually a company or other large entity. Example: Medical malpractice cases or product liability cases.
Exemplary Damages
79
(Module 11). Are a type of extraordinary damage that compensate an employee for mental distress or other intangible injury arising from the employer's breach of its duty of good faith and fair dealing in the manner of dismissal.
Moral Damages
80
(Module 11). Damage is defined by the Supreme Court as _________________, recompense, or satisfaction for ________________________, or as otherwise expressed, _____________________ which the law imposes for the ________________ of some duty or violation of some rights.
Pecuniary compensation; an injury sustained; the pecuniary consequences; breach
81
(Module 11). Tort is defined as __________________ committed upon a person or property independent of the contract.
Legal Wrong
82
(Module 11). Consist in the omission to do certain acts which result to the damage to another.
Negligence
83
(Module 11). Signifies voluntary act or omission causing damages to the right of another giving rise to an obligation of the actor to repair such damage.
Fault
84
(Module 11).It is an agency that responsible in the regulation of the Land Transportation.
Land Transportation and the Land Transportation Franchising and Regulatory Board.
85
(Module 11). ________________are persons, corporations, firms, or associations engaged in the __________________of transporting passengers or goods or both, by land, water, air for________________, offering their services ____________________.
Common Carrier; in the business of carrying; compensation; to the public.
86
(Module 11).______________________ are those who ______________or undertake to transport in a particular instance for _____________or reward.
Private Carrier; transport; hire
87
(Module 11). Transportation is one whereby a certain person or association of persons________________ themselves to _______________ persons, things, or news from one place to another.
Obligate; transport
88
(Module 11). It is the Article which states that common carriers from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.
Article 1733
89
(Module 11). It is the Article which states that in case of death of or injuries to passengers, common carriers are to presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence.
Article 1756
90
(Module 11). It is the Article that states that the Common carriers are liable for the death or injuries to passengers through the negligence or willful acts of the former's employee, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers.
Article 1759
91
(Module 11). It is an Article that states that a Commons Carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with due regard for all the circumstances.
Article 1755
92
(Module 11). One of the characteristics of a Common Carrier is regarded to some extent as a public servant since he holds himself ready to engage in the transportation.
True
93
(Module 11).In Article 1732 makes distinction between activity is the carrying one whose principal business of persons or goods or both, and one who does such carrying only as an ancillary activity.
False
94
(Module 11).Article 1732 states that carefully making any distinction between a person or enterprise offering transportation service on a regular or scheduled basis and one offering such service on an occasional, episodic or unscheduled basis.
False
95
(Module 11). The transportation sector is vital to the success of the Tourism & Hospitality Industry. If we can't move people from place to place- whether by air, sea, or land. Thus, it is important that rules and regulations are established and adhered to religiously.
True
96
(Module 10). What is the creation of a Corporation?
By operation of law- Corporation Code of the Philippines
97
(Module 10). What is the creation of Partnership?
By agreement or contract; governed by the Civil Code of the Philippines
98
(Module 10). What is the creation of Sole Proprietorship?
Registration with the Department of Trade and Industry (DTI)
99
(Module 10). Existence is define under Corporation as no No separate existence .
False
100
(Module 10). Succession is define under Corporation as ceases to exist upon the death or expiration of its term.
False
問題一覧
1
(Module 8). It is a breach of an obligation that refers to any illicit act or omission which impairs the strict and faithful fulfillment of the obligation and every defective performance.
Contravention of the Tenor
2
(Module 6).Any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
Labor Dispute
3
(Module 6). A temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
Strike
4
(Module 7). An employee who is unjustly dismissed from work shall be entitled to :
Reinstatement without loss of seniority rights and full wages, inclusive of allowance and to his other benefits or to their monetary equivalent, computed from the time his compensation was withheld from him up to the time of his reinstatement.
5
(Module 8). It is defined as defective contract due to considered to be inconsistent by operation of law.
Void
6
(Module 6). Any person accredited by the Board as such or any person named or designated in the Collective Bargaining Agreement by the parties or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement.
Voluntary Arbitrator
7
(Module 7). In case of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized cause.
Security of Tenure
8
(Module 8).It is one of the elements of a contract that defines the subject matter of the contract.
Object Certain
9
(Module 6). It is defined as the relationship between the management and the employees or between the management and union in unionized properties.
Labor Relations
10
(Module 8). A characteristics of the contract that must bind both contracting parties. Its validity or compliance cannot be left to the will of one of them.
Mutuality of Contracts
11
(Module 9). Selection and engagement refer to ___________ of the employer to hire the ___________ of a worker and his _________________ to keep the latter as his employee.
Choices, Services, Commitment
12
(Module 6). Are offenses committed by the employer or labor organization which violate constitutional rights of the workers and employees to self-organization.
Unfair Labor Practices
13
(Module 8). A type of contract that created whereby one person (lessor) binds himself to grant temporarily the enjoyment or use of a thing or to render of some work or service to another (lessee) who undertakes to pay some rent, compensation or price thereof.
Lease
14
(Module 8).It is one of the characteristics of a contract that take effect only between the contracting parties; it does not in any way affect third parties, unless the law otherwise provides.
Relativity of Contracts
15
(Module 8). An obligation is a juridical necessity to give, to do or not to do. The word "juridical necessity" connote ____________?
That in case of noncompliance, there will be legal sanctions.
16
(Module 8). It is sources of an obligation that is from a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.
Law
17
(Module 7). A notice is still needed if there is a Commission of a crime or offense against the employee, a serious insult on the honor and person, inhuman, or unbearable treatment.
False
18
(Module 8). It is an essential elements of contract that manifested by the meeting of the offer and acceptance upon the thing and the cause which are to constitute a Contract.
Consent of the Contracting Parties
19
(Module 9). It is a type of employment where they are engaged to perform a job, work or service for a pre-determined date of completion, or where the employment has a specific date of termination.
Term or Fixed Employment
20
(Module 9). Under Article 1700, Contracts are subject to the _______________ on labor unions, collective bargaining, strikes and lockouts, closed shops, wages, working conditions, hours of labor and similar subjects. The _______________ between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the ____________.
Special Laws, Relations, Common Good
21
(Module 9). It is defined where an employee is engaged to perform a job insignificant to the core of the employer.
Casual Employment
22
(Module 6).Any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of work or in the exercise of the right of self-organization or collective bargaining.
Strike Breaker
23
(Module 9). Relationship Determinants of EE & ER that refers to the employer's power to regulate how the work is done.
Presence or absence of power to control the putative employee's conduct.
24
(Module 8). A characteristics of the contract that the contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient.
Autonomy of Contracts
25
(Module 8) It is a sources of obligation that refer to the certain lawful, voluntary and unilateral acts giving rise to a juridical relation to the end that no one shall be unjustly enriched at the expense of another.
Quasi Contracts
26
(Module 7). Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.
True
27
(Module 7).An employee may terminate without just cause, the employer-employee relationship by serving half month notice. Without the notice, the employee may be not held liable for damages by the employer.
False
28
(Module 9). _____________ is a component of the employer's power to move or organize employees. It is a ____________________ whom to hire and/or fire.
Dismissal, Management Prerogative
29
(Module 8). It is an elements of a contract that refers to the thing, right or service, which is the subject matter of the obligation arising from the contract.
Object certain which is the subject matter of the Contract
30
(Module 9). It is a type of employment that will only work or performed during a specific time of the year.
Seasonal Employment
31
(Module 6). Any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
Lock out
32
(Module 8).
Non-fulfillment of an obligation from the time the obligee legally demands delivery or performance.
Delay or Mora
33
(Module 8). It an element of the obligation which refers to the one bound to perform the presentation to give, to do or not to do. He is called the debtor or obligor
Passive Subject
34
(Module 9). Under the Article XII, Section 3- Labor, the state shall _________________ the relations between workers and employer, ____________ the right of the labor to it just share in the fruits of production and the right of enterprises to _______________return on investments, and to expansion and growth.
Regulate, Recognizing, Reasonable
35
(Module 8). A characteristics of the contract that obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.
Obligatory force of contracts
36
(Module 8). It is one of the four elements of obligation that is one who is demanding the performance of the obligation. He is called the creditor or obligee.
Active Subject
37
(Module 7). Retirement pay is equivalent to at least _________________ for every year of service, a fraction of at least six months being considered as one whole year.
Half month salary
38
(Module 8). It is defined as defective contract due to injury or damage to either of the contracting parties.
Rescissible
39
(Module 7). Authorized Causes of Termination refers to any wrong doing committed by an employee such as serious misconduct, willful disobedience or insubordination, gross and habitual neglect of duties, fraud or willful breach of trust, loss of confidence, a commission of a crime or offense and analogous causes.
False
40
(Module 8). A type of contract whereby a person (agent) binds himself to render some service or to do something in representation or on behalf of another (principal), with the consent or authority of the latter.
Agency contract
41
(Module 8).It is a kind of obligation where both parties are bound to perform a part in the obligation
Bilateral Obligation
42
(Module 8).It is a kind of obligation when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.
Indivisible Obligation
43
(Module 8). It is a characteristics of Contracts that take effect only between the parties, their assigns and heirs.
Relativity of Contracts
44
(Module 9).The employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
Regular
45
(Module 8). It is one of the reasons that a contract exist when one of the parties promise to do or refrain from doing some specified action in the future.
Offer
46
(Module 8). It is one of the characteristics of a contract that refers to the legal duty of contracting parties to fulfill the promises specified in their contracts.
Obligatory force of Contracts
47
(Module 9). Employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
Non- Regular Employment
48
(Module 8). It is one of the elements of obligation that refers to the subject matter of the obligation which has economic value or susceptible to the pecuniary substitution in cases of non-compliance.
Presentation or Object
49
(Module 6).It is tasked to promote and maintain industrial peace by resolving labor and management disputes involving both local and overseas workers through compulsory arbitration and alternative modes of dispute resolutions.
National Labor Relations Commission
50
(Module 8). It is a sources of obligation that are from the acts or omissions that cause damage to another, there being fault or negligence but without any pre-existing contractual relation between the parties.
Quasi Delicts
51
(Module 8). It is one of the reasons that a contract exist when the value that induces the parties to enter into the contract.
Consideration
52
(Module 9). It is a type of employment where there is a specific undertaking. The duration of project will be set and determined, where employees will complete or terminate engagement once it ends.
Project Employment
53
(Module 8). It is an elements of a contract that refers to the immediate, direct or most proximate reason which explains and justifies the creation of an obligation through the will of the contracting parties.
Cause of the obligation which is established
54
(Module 8). It is one of the elements of obligation that refers to the juridical tie of which the debtor has become bound to perform the presentation.
Juridical/Efficient cause
55
(Module 7). Retail, service and agricultural establishments or operations employing not more than ten employees or workers are not exempted from the coverage of the computation of retirement pay, Minimum Retirement Pay = Daily Rate x 22.5 x number of years of service.
False
56
(Module 8).It is a kind of obligation which is not burdened with any condition or term. It is immediately demandable.
Pure Obligation
57
(Module 7). Just Causes of Termination refers to economic circumstances that are not the employee's fault.
False
58
(Module 8). It is one of the reasons that a contract exist is when must be absolute, directed to the offeror, made with the intention to be bound to a contract, made within the proper time, and communicated to the offeror and learned by him.
Acceptance
59
(Module 6).Includes all disputes or any grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of a union, including any violations of the rights and conditions of union membership.
Internal Union Dispute
60
(Module 8). It means the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through proper action to order the performance.
Juridical Necessity
61
(Module 8). Types of Contracts that the contracting parties obligates himself to transfer ownership of and to deliver a determinate thing, and other to pay therefor a price certain in money or its equivalent.
Sales
62
(Module 8). Type of contract wherein one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it, in which case it is called commodatum; or money, or other consumable things, upon the condition that the same amount of the same kind and quality shall be paid, in which case it is called a loan or mutuum.
Loan contract
63
(Module 9). Relationship Determinants of EE & ER that refers to the choice of the employer to hire the services of a worker and his commitment to keep the latter as his employee.
Manner of section and engagement of the putative employee
64
(Module 7). An employee who voluntarily resigns from employment is ___________________, except when it is stipulated in the employment contract or Collective Bargaining Agreement or based on established employer practice in the company.
Not entitled to separation pay
65
(Module 6). It shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts and all disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, whether agricultural or non-agricultural, except those arising from the implementation or interpretation of collective bargaining agreements which shall be the subject of grievance procedure and/ or voluntary arbitration.
Bureau of Labor Relations
66
(Module 10).They are a good option for someone starting a low-risk business on a trial basis. Also, no additional taxation. However, because there is no formal separation, the business owner will become personally liable for any obligation the business might have.
Sole Proprietorship
67
(Module 10).It is a type of business entities that can exercise only such powers and functions expressly granted to it by law and those necessary or incident to its existence.
Corporation
68
(Module 10).It is a type of business entities that can do anything by agreement of the parties provided only that it is not contrary to law, morals, good customs, public policy and public order.
Partnership
69
(Module 10). The principle of delectus personae in ___________________ refers to the rule which is inherent in every partnership that no one can become a member of the partnership association without the consent of all the partners. Consequently, even if a partner will associate another person in his share in the partnership, the associate shall not be ______________into the partnership ______________________of all the partners, even if the partner having an associate should be a manager.
Partnership Relations, Admitted, Without the consent
70
(Module 10). It is a type of Partnership that one formed by 2 or more persons having as members one or more general partners and one or more limited partners, the latter not being personally liable for the obligation of the partnership.
Limited Partnership
71
(Module 10). It is a type of Partnership that one which in reality is not a partnership but is considered a partnership but is considered a partnership only in relation to those who, by their conduct of omission, are precluded to deny or disprove its existence.
Ostensible Partnership
72
(Module 10). It is a corporation who has engaged in a bona fide attempt to organize but is nonetheless defective and insufficiently organized.
De Facto Corporation
73
(Module 10). It is a corporation established by complying with all of the constitutional or statutory requirements of a particular governmental entity, thereby entirely and legally perfecting in its ability to transact business.
De Jure Corporation
74
(Module 10). It is a change in the relation of the partners caused by any partners ceasing to be associated in the carrying on as distinguished from the winding up of the business.
Dissolution of a Partnership
75
(Module 10). It is a set of formal documents filed with a government body to legally document the creation of a corporation.
Article of Incorporation
76
(Module 11). It defines as intended to provide the monetary amount necessary to replace what was lost and nothing more.
Actual/Compensatory Damages
77
(Module 11). When a bank or person offers money in the form of a loan and the stipulated time of repayment ends before the completion of payment. The defaulting party must compensate for this damaged as agreed in the contract.
Liquidated Damages
78
(Module 11). Are damages assessed in the legal process to punish a defendant for negligence. The defendant is usually a company or other large entity. Example: Medical malpractice cases or product liability cases.
Exemplary Damages
79
(Module 11). Are a type of extraordinary damage that compensate an employee for mental distress or other intangible injury arising from the employer's breach of its duty of good faith and fair dealing in the manner of dismissal.
Moral Damages
80
(Module 11). Damage is defined by the Supreme Court as _________________, recompense, or satisfaction for ________________________, or as otherwise expressed, _____________________ which the law imposes for the ________________ of some duty or violation of some rights.
Pecuniary compensation; an injury sustained; the pecuniary consequences; breach
81
(Module 11). Tort is defined as __________________ committed upon a person or property independent of the contract.
Legal Wrong
82
(Module 11). Consist in the omission to do certain acts which result to the damage to another.
Negligence
83
(Module 11). Signifies voluntary act or omission causing damages to the right of another giving rise to an obligation of the actor to repair such damage.
Fault
84
(Module 11).It is an agency that responsible in the regulation of the Land Transportation.
Land Transportation and the Land Transportation Franchising and Regulatory Board.
85
(Module 11). ________________are persons, corporations, firms, or associations engaged in the __________________of transporting passengers or goods or both, by land, water, air for________________, offering their services ____________________.
Common Carrier; in the business of carrying; compensation; to the public.
86
(Module 11).______________________ are those who ______________or undertake to transport in a particular instance for _____________or reward.
Private Carrier; transport; hire
87
(Module 11). Transportation is one whereby a certain person or association of persons________________ themselves to _______________ persons, things, or news from one place to another.
Obligate; transport
88
(Module 11). It is the Article which states that common carriers from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.
Article 1733
89
(Module 11). It is the Article which states that in case of death of or injuries to passengers, common carriers are to presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence.
Article 1756
90
(Module 11). It is the Article that states that the Common carriers are liable for the death or injuries to passengers through the negligence or willful acts of the former's employee, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers.
Article 1759
91
(Module 11). It is an Article that states that a Commons Carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with due regard for all the circumstances.
Article 1755
92
(Module 11). One of the characteristics of a Common Carrier is regarded to some extent as a public servant since he holds himself ready to engage in the transportation.
True
93
(Module 11).In Article 1732 makes distinction between activity is the carrying one whose principal business of persons or goods or both, and one who does such carrying only as an ancillary activity.
False
94
(Module 11).Article 1732 states that carefully making any distinction between a person or enterprise offering transportation service on a regular or scheduled basis and one offering such service on an occasional, episodic or unscheduled basis.
False
95
(Module 11). The transportation sector is vital to the success of the Tourism & Hospitality Industry. If we can't move people from place to place- whether by air, sea, or land. Thus, it is important that rules and regulations are established and adhered to religiously.
True
96
(Module 10). What is the creation of a Corporation?
By operation of law- Corporation Code of the Philippines
97
(Module 10). What is the creation of Partnership?
By agreement or contract; governed by the Civil Code of the Philippines
98
(Module 10). What is the creation of Sole Proprietorship?
Registration with the Department of Trade and Industry (DTI)
99
(Module 10). Existence is define under Corporation as no No separate existence .
False
100
(Module 10). Succession is define under Corporation as ceases to exist upon the death or expiration of its term.
False