...Richmond P. Villanueva Coca-Cola vs. Court of Appeals, 227 SCRA 293 QUASI-DELICT case Facts: Respondent Lydia Geronimo was the proprietess of Kindergarten Wonderland Canteen, engaged in the sale of soft drinks and other goods to the students of Kindergarten Wonderland and to the public. On August 12, 1989, some parents of the students complained that the Coke and Sprite soft drinks contained fiber-like matter and other foreign substances. She discovered the presence of some fiber-like substances in the contents of some unopened Coke bottles and a plastic matter in the contents of an unopened Sprite bottle. The Department of Health informed her that the samples she submitted are adulterated. Her sales of soft drinks plummeted, and not long after that, she had to close shop. She became jobless and destitute. She demanded from the petitioner the payment of damages but was rebuffed by it. She then filed a complaint before the RTC of Dagupan City, which granted the motion to dismiss filed by petitioner, on the ground that the complaint is based on contract, and not on quasi-delict, as there exists pre-existing contractual relation between the parties. Thus, on the basis of Article 1571, in relation to Article 1562, the complaint should have been filed within six months from the delivery of the thing sold. The CA reversed the RTC decision and held that Geronimo’s complaint is one for quasi-delict because of petitioner’s act of negligently manufacturing adulterated food items...
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...1. It must be licit (otherwise it is void) 2. It must be possible, physically and juridically (otherwise it is void) 3. It must be determinate or determinable(otherwise it is void) 4. It must have pecuniary value SOURCES OF OBLIGATION Art. 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. LAW (OBLIGATION EX-LEGE) •Must be expressly or impliedly set forth and cannot be presumed CONTRACT (OBLIGATION EX CONTRACTU) •Must be complied with in good faith •It is the “law” between parties; •Parties may freely enter into any stipulation provided they are not contrary to law, morals, good customs, public order or public policy QUASI-CONTRACT (OBLIGATION EX QUASI-CONTRACTU) •Juridical relation resulting from lawful, voluntary and unilateral acts, which has for its purpose, the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another. •Distinguished from other Sources 1. act giving rise to a quasi contract must be LAWFUL distinguishing it from delict; 2. act must be VOLUNTARY distinguishing it from quasi-delict...
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...Mercado Lim & Associates Law Offices for private respondents. SYNOPSIS Petitioner sold a Fuso Road Tractor to Ecatine Corporation. However, the sale was not registered with the Land Transportation Office. The controversy in the present case arose when the said tractor, driven by Raul Tutor, an employee of Ecatine, rammed into a house cum store of respondent Myrna Tamayo which resulted to deaths and physical injuries. Tutor was charged with and later convicted of reckless imprudence resulting in multiple homicide and multiple physical injuries. The trial court ordered petitioner to pay actual and moral damages and attorney's fees to respondents. It held that since the Deed of Sale between petitioner and Ecatine had not been registered with the Land Transportation Office, the legal owner was still the petitioner. Thus, petitioner was liable to respondents. On appeal, the Court of Appeals sustained the decision of the trial court. Hence, this petition. In affirming the assailed decision, the Supreme Court held that petitioner was liable for the deaths and the injuries complained of, because it was the registered owner of the tractor at the time of the accident. The Court has consistently ruled that, regardless of sales made of a motor vehicle, the registered owner is the lawful operator insofar as the public and third persons are concerned; consequently, it is directly and primarily responsible for the consequences of its operation. In contemplation of law, the owner/operator of...
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...SALLE UNIVERSITY Graduate School of Business Master of Business Administration Business Law Case 3 GSIS vs. Court of Appeals Submitted by: Liao, Weiqin Facts of the case • National Food Authority (NFA, formerly National Grains Authority) was the owner of a Chevrolet truck which was insured against liabilities for death of and injuries to third persons with the GSIS. • On May 9, 1979, at about 7:00 in the evening at Tabon-Tabon, Butuan City, the said truck driven by Guillermo Corbeta collided with a public utility vehicle, a Toyota Tamaraw. The Toyota Tamaraw was owned and operated by Victor Uy, under the name and style of “Victory Line”. The Tamaraw was a total wreck. • The Toyota Tamaraw insurer was Mabuhay Insurance and Guaranty Co. (MIGC). • The truck crossed over to the other lane, its left front wheel was detached and the truck traveled for about fifty (50) meters and fell into a ravine. • All the collision victims were passengers of the Toyota Tamaraw. Five (5) passengers died while ten (10) others sustained bodily injuries. Among those injured were private respondents, Victoria Jaime Vda. de Kho and Gloria Kho Vda. de Calabia. Among the dead were Maxima Ugmad Vda. de Kho, Roland Kho and Willie Calabia, Sr. Legal Problems • First Case (Civil – Case No. 2196) June 5, 1979 o Uy against NFA and Corbeta due for quasi-delict, damages and attorney’s fees • Second Case (Civil – Case No. 2225) August 27, 1979 ...
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...illicit, it is void b. possible - if impossible, it is void c. determinate or determinable - or else, void d. pecuniary value SOURCES OF OBLIGATION: 1. LAW ( OBLIGATION EX LEGE ) - Must be expressly or impliedly set forth and cannot be presumed 2. CONTRACT ( OBLIGATION EX CONTRACTU ) - Must be complied with in good faith because it is the “law” between parties; neither party may unilaterally evade his obligation in the contract, unless: a) contract authorizes it b) other party assents Parties may freely enter into any stipulations, provided they are not contrary to law, morals, good customs, public order or public policy 3. QUASI-CONTRACT ( OBLIGATION EX QUASI-CONTRACTU ) - That juridical relation resulting from a lawful, voluntary and unilateral act, and which has for its purpose, the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another 2 kinds: a. Negotiorum gestio - unauthorized management; This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority b. Solutio indebiti - undue payment ; This takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake 4. DELICTS ( OBLIGATION EX MALEFICIO...
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...Causation The loss or damages must be must have occurred due to the wrongful act. Causation determines if there is a connection between the act and the loss or damages. If there seem not to be any link between the act and the damaged, the wrongdoer cannot be held responsible for a delict. (Nagel, 2000: p33). There are two types of causation, legal causation and factual causation. According to Nagel (200: p33), in order to determine whether factual link subsists between the conduct and the loss or damages incurred, the conditio sine qua non test must be applied. In contrary, legal causation indicate that there are many consequences that can flow from an act, however the law limits the consequences by stating that only results one could have predict at the time the delict was committed is applicable. Conditio sine qua non test is used to determine if the damages or loss could have still arisen even if the unlawful act is taken out of the equation. The Spice Galore (Pty) Ltd manufactures spices containing cayenne pepper contaminated with an impermissible colorant Sudan Red 1. It can be assumed that the company knows that the contents of the spices they produce are considered unfit for human use in view of the fact that this was prohibited under the foodstuff, Cosmetic and Disinfectant Act 54 of 1972, but they negligently decided to manufacture and sell them. Therefore, this is factual causation, for if the act can be taken out of the equation, the loss and damages...
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...Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure | | | Law, Tort Law, Criminal Law, Contracts, and Civil Procedure In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as defenses a defendant presenting evidence to refute a plaintiffs evidence. J.G. Holland said it best! In the words of J. G. Holland “Laws are the very bulwarks of liberty; they define every man’s rights, and defend the individual liberties of all men”. Laws are derived from the United States Constitution; Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary. Established Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution with a bill of rights. A few, like the United Kingdom, have no such document. A "constitution" is simply those laws which constitute the body politic, from statute, case law and convention. Law is defined as a system of rules...
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...LAW * any rule of action (state law, divine law, natural law, moral law) or any system of uniformity (physical law) * determines not only activities as rational beings but also the movements of all objects of creation, animate or inanimate GENERAL DIVISIONS 1.) Law which is promulgated and enforced by the state * State Law—also called positive law, municipal law, civil law, imperative law ; enforced by the state with the aid of its physical force ; does not concern itself w/ violations of the other rules of action unless they also constitute violations of its commands. 2.) Law which is not promulgated and enforced by the state * Divine Law—law of religion and faith ; concerns itself with the concept of sin and salvation ; promulgated by means of direct revelation ; sanction is through reward and punishment * Natural Law—the divine inspiration of sense of justice, fairness and righteousness by internal dictates of reason alone ; basic understanding of right and wrong dictated his moral nature ; reasonable basis of state law * Moral Law— is the totality of the norms of good and right conduct from the collective sense of every community ; no definite legal sanction but induces social reaction, either positive or negative ; not absolute, but varies from time to time ; influences or shapes state law * Physical Law—nothing more than an order or regularity in nature by which certain results follow certain causes CONCEPTS General— the mass of...
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...age) * It is based on Article 2180 and Article 2176 of the Civil Code of the Philippines. Art. 2180 (Civil Code) * The obligation imposed by article 2176 is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible. * Teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. Article 2176 (Philippine Civil Code) * “Whoever, by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relations between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.” En Loco Parentis provides for 1. Liability by Teachers and School Administrators * Negligence is not necessarily implied whenever someone is injured. The questions to be considered are:...
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...INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER I EFFECT AND APPLICATION OF LAWS Article 1. This Act shall be known as the "Civil Code of the Philippines." Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. Art. 3. Ignorance of the law excuses no one from compliance therewith. Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. Art. 9. No judge or court...
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...Philippine Law Cases Palisoc vs. Brillantes, No. L-29025, 41 SCRA 548 , October 04, 1971 Posted by Alchemy Business Center and Marketing Consultancy at 12:28 AM Labels: 1971, 41 SCRA 548, Civil Law Review, No. L-29025, October 04, Palisoc vs. Brillantes Palisoc vs. Brillantes, No. L-29025, 41 SCRA 548 , October 04, 1971 G.R. No. L-29025 October 4, 1971 Spouses MOISES P. PALISOC and BRIGIDA P. PALISOC, plaintiffs-appellants, vs. ANTONIO C. BRILLANTES and TEODOSIO V. VALENTON, owner and President, respectively, of a school of arts and trades, known under the name and style of "Manila Technical Institute" (M.I.T.), VIRGILIO L. DAFFON and SANTIAGO M. QUIBULUE, defendants-appellees. Leovillo C. Agustin for plaintiffs-appellants. . Honorato S. Reyes for appellee Brillantes, et al. . Villareal, Almacen Navarra & Amores for appellee Daffon. . TEEHANKEE, J.: An appeal in forma pauperis on pure questions of law from a decision of the Court of First Instance of Manila. . Plaintiffs-appellants as parents of their sixteen-year old son, Dominador Palisoc, and a student in automotive mechanics at the Manila Technical Institute, Quezon Boulevard, Manila, had filed on May 19, 1966, the action below for damages arising from the death on March 10, 1966 of their son at the hands of a fellow student, defendant Virgilio L. Daffon, at the laboratory room of the said Institute. . Defendants, per the trial court's decision, are: "(T)he defendant Antonio C. Brillantes, at the...
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...harassment From "Collins Dictionary of Law" 1 the offence in England of using threatening or abusive or insulting words within the hearing or sight of a person likely to be harassed thereby: Public Order Act 1986. 2 conduct which may require a person to be given legal protection in terms of the Protection from Harassment Act 1997. For these purposes harassment is not defined but it includes causing the person alarm or distress. For the courts to act under this legislation the harassment was caused by a course of conduct. This is defined in the Act as conduct on more than one occasion. It need not be the same conduct on each occasion. There are defences such as that the conduct was reasonable in the circumstances. It is not open to plead as a defence that it was not intended by the alleged offender that alarm be caused. It is enough if his or her conduct would cause harassment, if a reasonable person, in possession of the same information, would think that the course of conduct would have that effect. Similar rules apply in Scotland. 3 it is an offence in England to harass a person with demands for payment that are calculated to subject him or his household to alarm, distress or humiliation, or to pretend that criminal proceedings might be possible if payment is not made: Administration of Justice Act 1970. 4 harassment is not of itself a tort but the Protection from Harassment Act 1997, effectively creates a statutory tort and delict in Scotland. 5 sexual harassment...
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... -----case 1 1. What is duty of care? According to business contractual relationship (2007), the law of delict, like the law of contract, is a part of the law of obligation. A delict has been defined as: A civil wrong commented by a person in deliberate or negligent breach of a legal duty, from which liability to make reparation for any consequential loss or injury may arise. It also states that delictual obligations do not arise voluntarily, as is the case with contractual obligations. However, the contract is voluntary. There are three elements noted in General Principles of Delictual Liability: • a loss or injury, such as physical or personal injury, the loss of earnings, nervous shock, distress, damage to a reputation • caused by a legal wrong(wrongful conduct) • Caused by culpa (fault, intentionally or negligently done) on the part of the wrongdoer. Two exceptions argued that: • vicarious liability, where the defender for the actions of another • Strict liability, where liability can arise without fault through statutory provision. If two or more persons have contributed to the delict, then they are jointly & severally liable. The injured party can sue one, or all together---and claim full damages. If he only sues one, then the other can recover a contribution from the others according to what the law thinks just: law reform, act 1940. Business contractual relationship (2005) claims that in certain circumstances, someone...
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...TRUCT ACADEMY SUCCESS IN BUSINESS LAW FOR C.I.S, Z.I.M CERT., ZAAT, IAC, I.C.M M. MAVHUNGA LLB (S) (UZ) 3RD EDITION 2000 1 ACKNOWLEDGEMENTS` I would like to thank the Director of Trust Academy, Mr Mataka, The Principal, Mr Sauti and the Registrar Mr Kucherera whom without their support this study pack would not have been a success. To them I say keep the god spirits for enhancing the college and making it a force top reckon with according to international standards. Would also like to thank the Trust Academy Secretaries and Typists of this book, particularly, SHELTER MAVHUNGA, MISI MAKUZWA, AMANDA MANDA and JESCA KAMUNGA for their commitment to duty. Again their handwork in the production of this copy is highly appreciated. Anyone who directly contributed to the success of this module I say, God bless you. However none of the above will be accountable for any errors of omission or commission which might appear in this study pack. M. MAVHUNGA 2 Dedication This study pack is dedicated to the targeted students who commit themselves to passing the interesting course of business law. Foreword Business Law is a very broad course and covers many aspects. It is a challenging course a proper approach is not advised to new students but an interesting and very simple course once one grasps the concepts. The objective of this module is to simplify Business Law to be understood by Ordinary Advanced Level students who may be taking any of the above courses. The field has...
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...Historical Laws and Security Melissa Church CJS/250 Rich Montcalm July. 27, 2015 Historical Laws and Security In a brief description, here you will find the following laws in which they were originated. Civilizations throughout time have found it necessary to establish a set of laws dependent on their society's religious beliefs, social structure, setting, and other variables. Magna Carta (Latin for Great Charter, literally "Great Paper"), also called Magna Carta Liber Tatum (Great Charter of Freedoms), is an English legal charter, originally issued in the year 1215. It was written in Latin. Magna Carta required King John of England to proclaim certain rights (pertaining to nobles and barons), respect certain legal procedures, and accept that his will could be bound by the law. It explicitly protected certain rights of the King's subjects, whether free or fettered most notably the writ of habeas corpus, allowing appeal against unlawful imprisonment that led to the rule of constitutional law today in the English speaking world. The earliest legal system known in its entirety is the Code of Hammurabi which was established in ancient Babylonia nearly 4000 years ago. The Code of Hammurabi was compiled by King Hammurabi himself. Hammurabi was the most notable ruler of the first Babylonian dynasty, and unified Mesopotamia under one central government. Hammurabi's life is unknown, it is predicted that he established his reign around 1792-1750 B.C., thus dating the Code to approximately...
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