Johnny is an old man. He has two children‚ Joe and Victoria. Johnny has informed everyone that when he dies‚ the property is to be shared equally among Joe and Victoria. He stays with Victoria and is totally dependent on her to look after him. Johnny loves his daughter and does whatever she tells him to do. Two months ago‚ Johnny transferred all his property to Victoria. He passed away a few days ago. Joe claims that the contract is voidable. Discuss. Answer: The issues that arise in this case
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Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. L-59956 October 31‚ 1984 ISABELO MORAN‚ JR.‚ petitioner‚ vs. THE HON. COURT OF APPEALS and MARIANO E. PECSON‚ respondents. This is a petition for review on certiorari of the decision of the respondent Court of Appeals which ordered petitioner Isabelo Moran‚ Jr. to pay damages to respondent Mariano E‚ Pecson. As found by the respondent Court of Appeals‚ the undisputed facts indicate that: têñ.£îhqw⣠xxx xxx xxx
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Introduction Injury in the course of employment places significant stress on both the employee and employer‚ Section 8(1) of the Occupational Health a Safety Act 2000 (NSW)‚ states ‘an employer must ensure the health safety and welfare at work of all employees of the employer’ whilst also providing a
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Introduction This essay is an attempt to advise Changwa on the area of law under which he can bring an action in view of the facts given in the question. The essay will also attempt to advise Changwa with respect to the person against whom such action can be brought. In order to achieve this end‚ the essay will pay particular attention to the salient elements he has to establish in the area of law identified‚ if at all he is to succed in his claim. The essay will conclude by looking at the likely
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Discuss the operation of defence of necessity in England and Wales. The necessity defence is a complete defence1 which protects an accused who was compelled to break the law in order to avoid an even worse consequence2. For policy reasons (especially the fear of opening up the floodgates)‚ the application of the defence is extremely narrow and it is rarely ever argued successfully3. The difference is that necessity is a threat from something occurring imminently naturally‚ whereas duress
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For this response paper‚ I chose to write about the chimp attacks that occurred to the intern by the name of Kristen M. Howard and a women from Connecticut‚ Charla Nash. Howard was an intern at Chimps Inc. in Oregon when she got attack by a chimp named Kimie. Howard was cleaning an empty cage when Kimie managed to get through the doors of the tunnels that lead to the cage she was cleaning. The doors to the tunnel leading to the cage were supposed to be locked but on the day of the attack‚ the doors
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transfer law‚ and their motion was overruled. At first the court ruled that Protein Blenders‚ Inc. did not have to follow with the written contract and didn’t have to pay for the stock. But an order of appeal was granted before final judgment. The appellants‚ applied to a higher court for a reversal of the decision of a lower court‚ were Newton L. Margulies‚ Max Putnam and Putnam‚ Putnam & Putnam‚ and Des Moines. The appellee‚ respondent in a case appealed to a higher court‚ consisted of Louis
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Title: Why do we need Administrative Law? What kind of disputes are being settled(solved) by the administrative courts Administrative law is a branch of law governing the creation and operation of administrative agencies.It covers a wide and varied area of practice‚encompassing many different types of governmental legal procedures and regulations‚and is not easily defined.Much of government and its public programs operate largely through various agencies on different levels:federal‚state‚county
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who made the payment. Issue: 1.Whether a payment made to one of two persons jointly entitled under mortgage bond can be pleaded as a valid discharge of the debt in an action brought by the other person interested in the bond? Arguments for the Appellant Defendant. Payment to one joint creditor was a valid discharge of the debt as against the other. As under section 38 of the Contract Act‚ ‘An offer to one of several joint promisees has the same legal consequences as an offer to all of them. In
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Question 1(b) The Latin phrase “actus non facit reum nisi mens sit rea” implies that an act does not make one guilty unless the mind is also. Thus‚ the meaning behind mens rea lies within the mental element of the defendant in a crime. H.L.A. Hart states that “what is crucial is that those whom we punish should have had‚ when they acted‚ the normal capacities‚ physical and mental‚ for doing what the law requires and abstaining form what it forbids‚ and a fair opportunity to exercise these capacities
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