existed between them‚ HELD: Although Philippine labor laws and jurisprudence define clearly the elements of an employer-employee relationship‚ this is the first time that the Court will resolve the nature of the relationship between a television and radio station and one of its “talents.” There is no case law stating that a radio and television program host is an employee of the broadcast station. Applying the control test to the present case‚ we find that SONZA is not an employee but an independent
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Background The mini case scenario this week asks the students to examine three cases in which policy analysts are put into situations where they must make professional and ethical decisions based on their respective situations. In the Metroville Urban renewal scenario‚ policy analyst Henry is tasked to do an evaluation of the urban development project that has been in progress for ten years. The Metroville City Planning Department has sponsored the project and has also received funding from the
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Canny Gabrial Castle v Volume Sales(p200): Canny Gabrial argued that the 2 companies were joint ventures Decision: Agreement was partnership Polkinghorne v Holland(p205): Was the giving of financial advice outside the ordinary business of the law firm‚ such that the partners would be jointly liable Decision: Held that the firm was liable for the actions of hollan’s son Lec 5 Chap 13 Balfour v Balfour(256): At the time of the agreement‚ did the parties intend the arrangement to be anything
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Facts of Solomon v Solomon Solomon was a leather merchant who converted his business into a Limited Company as Solomon & Co. limited (the ‘company’). The company so formed consisted on Solomon‚ his wife and five of his children as members. The company purchased the business of Solomon for £39‚000; the purchase consideration was paid in terms of £10‚000 debentures conferring a charge over the company’s assets‚ £20‚000 in fully paid‚ £1 share each and the balance in cash. The company in less than
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Mr Shafron was not a member. Finally‚ Mr Shafron argued that if he was an officer (on either basis)‚ he had‚ in any event‚ not breached his duties in relation to either the ASX issue or the actuarial issue. 2. RELEVANT LAW FOR DECISION MAKING The relevant law relied on by the judge in making the decision was under section 180(1) of the Corporations Act which provides that directors and other officers of a corporation must exercise the powers and duties provided to them with the degree
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CASES ON BANKING LAW Westminster Bank Ltd v. Hilton (1926) 43 TLR 124 As against the money of the customer’s in the banker’s hands the relationship between banker and customer is that of principal and agent: "It is well established that the normal relation between a banker and his customer is that of debtor and creditor‚ but it is equally well established that quoad the drawing and payment of the customer’s cheques as against money of the customer’s in the banker’s hands the relation is that
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Case – British Railways board Vs Herrington Relevance - Trespasser duty of care - Common humanity - Occupiers liability act 1984 Facts - Railway line operated by BRB ran through property open to public - Fences were in poor repair - 1965 children seen on line - Child severely injured when he stepped on line after passing through broken fence - Plaintiff claimed damages for negligence Ruling - House of lords held over trespassers‚ a duty to take steps as common humanity to avert
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Whose Property? I Derek Evans used to work for a small computer firm that specializes in developing software for management tasks. Derek was a primary contributor in designing an innovative software system for customer services. This software system is essentially the "lifeblood" of the firm. The small computer firm never asked Derek to sign an agreement that software designed during his employment there becomes the property of the company. However‚ his new employer did. Derek is now working for
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sought to be resolved in the present case involving the application for admission to the Philippine Bar of Vicente D. Ching. The facts of this case are as follows: Vicente D. Ching‚ the legitimate son of the spouses Tat Ching‚ a Chinese citizen‚ and Prescila A. Dulay‚ a Filipino‚ was born in Francia West‚ Tubao‚ La Union on 11 April 1964. Since his birth‚ Ching has resided in the Philippines. On 17 July 1998‚ Ching‚ after having completed a Bachelor of Laws course at the St. Louis University in
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In addition‚ one couple was unable to join us until a few days later so some people wanted a date that is closest to them and others were deciding strictly on price. The parties negotiating are my husband and I and some of my sisters / brothers in law. For most of the group‚ price was a big deciding factor. However‚ a few parties did not view price as an issue and were willing to pay more for a 5 star hotel with excellent food and service. To prepare for the negotiation‚ I visited various travel
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