CIVIL LAW GOLDEN NOTES 2011 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW MANILA Academic Year 2011‐2012 CIVIL LAW STUDENT COUNCIL Lester John A. Lomeda Wilfredo T. Bonilla‚ Jr. Raissa S. Saipudin Bernadette Faustine C. Balao Marc Mikhaele J. Santos Victor Lorenzo L. Villanuea President Vice‐President Secretary Treasurer Auditor Public Relations Officer TEAM: BAR‐OPS 2011 Diane Camilla R. Borja Carlo Artemus V
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The Role of Forensic Accountants in the Development of Judicial Process By: Nnoruem Timothy O. M.Sc Accountancy PROBLEM STATEMENT In recent times‚ the world has witnessed the failure of large corporate organizations which has been attributed to large scale fraud by Directors in connivance with auditors. There is the case of Enro in the U.S‚ Parmalat in Italy and many cases in the U.K such as Polly Peek‚ Maxwell communications and BCCI. This development brought about in
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The International Monetary Fund The International Monetary Fund (IMF) is an international landing organization of 188 countries‚ working to foster global monetary cooperation‚ secure financial stability‚ facilitate international trade‚ promote high employment and sustainable economic growth and reduce poverty around the world. The IMF was conceived at the Bretton Woods conference in New Hampshire‚ USA‚ on December 27‚ 1945 when 29 countries signed the treaty called Articles of Agreement. It started
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vacation. Assess face saving methods The method I unconsciously used in this particular situation was remediation. According to the textbook Close Encounters remediation is defined as “attempting to repair physical damage” (Guerrero‚ Andersen‚ Afifi‚2014‚ p.49). Although the damage in this contexts was not physical it still was repaired. Yes remediation was effective as I had hoped because it fixed the problem and I received my money back. This experience reflects the importance of maintaining identity
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Essential Elements of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume
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Question TWO What is a "Breach of Contract"? A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement. In the eyes of the law‚ a party’s failure to fulfil an end of the bargain under a contract is known as a "breach" of the contract. Depending on the specifics of the contract‚ a breach can occur when a party fails to perform on time‚ does not perform in accordance with the terms of the agreement‚ or does not perform at all
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Week 3‚ DQ 1 Emma Employee works as a salesperson. Her company‚ International Widgets‚ implements a sales incentive program: If any salesperson sells 100 units in July‚ they will receive a $12‚000.00 bonus. International states that the program is discretionary and that International may change it at any time. Emma is the only salesperson to sell 100 units in July. After she completes her sales‚ Emma is told by International that‚ due to the fact that overall company sales were down‚ they will
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(the answer to each step must be “yes” for the clause to be valid; burden of proof on EER) 1. Is it in writing? (cannot be verbal) 2. Does it specify time/ place/ type of employment? 3. Does the EER have a “legitimate” reason to protect? (can you damage the EER by using knowledge gained?) Burger flipper = EEE talent / Game developer = EER paid for EEE to develop IP 4. Are the limitations from (2) reasonable? E.g. appropriate place? (North America covers a lot of ground) E.g. time? (one year
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Remedies Final Summer This fact pattern is regarding the misbehavior of Sony and its brand of music cds. In an effort to combat piracy‚ Sony hired a company to design a copy-protection system called XCP. This software was imbedded onto Sony’s cds and this software was designed to prevent unauthorized replication. If you tried to play a protected disk in your computer‚ you first had to agree to install a Sony music player to listen to it. Yet‚ this software used malware tactics‚ it took over the
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Hadley to lose some business. Hadley sued for the profits he lost due to Baxendale ’s late delivery‚ and the jury awarded Hadley damages of £25. Baxendale appealed‚ contending that he did not know that Hadley would suffer any particular damage by reason of the late delivery. Issue: Whether a defendant in a breach of contract case could be held liable for damages that the defendant was not aware would be incurred from a breach of the contract. Reasoning: The court said no to allowing Hadley
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