LITERAL CONSTRUCTION 1. When should Statutes be Literally Construed? a. Salvatierra vs CA [G.R. No. 107797. August 26‚ 1996] PURITA SALVATIERRA‚ ELENITA SALVATIERRA NUNEZ‚ ANSELMO SALVATIERRA‚ JR.‚ EMELITA SALVATIERRA‚ and ROMEL SALVATIERRA‚ petitioners‚ vs. THE HONORABLE COURT OF APPEALS and SPS. LINO LONGALONG and PACIENCIA MARIANO‚ respondents. D E C I S I O N HERMOSISIMA‚ JR.‚ J.: The intricate yet timeworn issue of prescription has come to the fore in this case. Which
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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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Discuss | Print | | | | Works Contract Composition Scheme - Restriction on input credit for certain input services MARCH 01‚ 2011By Santosh HatwarWORKS Contract (Composition Scheme for Payment of Service Tax Rules‚ 2007 provides that a service provider engaged in provision of ‘works contract service’ has an option to pay an amount of 4% of the gross amount charged for the works contract.For this purpose the ‘gross amount charged for the works contract’ means an amount which includes the value
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Part A Contracts are an integral part of business and everyday life‚ and are fundamental to construction as the industry relies on the formation of contracts for business agreements. “Contracts are based on the idea of a bargain‚ where each side must put something into the bargain. A contract may be defined as ’an agreement which is binding on the parties’” (Galbraith‚ 1998‚ pg78). There are a number of key components which must be present in the formation of such contracts. Firstly‚ there
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Douglas Edmunds ETH/321 04/06/2015 Elements of a Contract Scenario 1. Jack has to decide whether to engage an attorney. What would you advise? I would advise jack not to engage an attorney in the case. First‚ the fact that the old woman who sold the china shows signs of Alzheimer is enough to nullify the contract. A person can only get into contract if they are understand the terms and are considered to be competent. A person engaging in a contract should be able to understand all the ramifications
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Grant the Great Construction is a small construction company formed from the merger of Grant Thomas Construction &Right Build International. The company has successfully operated in the Durham North Carolina area for the past ten years working on both small and large scale construction‚ repair‚ and alteration projects. With the business boom that is occurring in Greensboro and the desire to improve overall profit margins‚ the company is planning to shift its target market from residential clients
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Symbolic Interactionism: Studies of Social Construction Hundreds of years before written word‚ theories have been made about words‚ the symbolism behind them‚ and root meanings assigned by social construction. William Shakespeare can be shown as example of this with posed questions by characters in his writings. In Romeo and Juliet‚ the character Juliet poses questions that reflect the symbolism of the name of her and her star-crossed lover Romeo. “O Romeo‚ Romeo! Wherefore art thou Romeo. Deny
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to all cases summarised in the Partnership Law Updates which have been issued since January 2000 to date. Therefore this Archive operates as a guide to some of the interesting partnership cases decided in common law jurisdictions in recent years. Special thanks are due to Professor Dick Webb (Emeritus Professor of Law in the University of Auckland) for alerting me to many developments contained in this section and to Dr Keith Fletcher of the University of Queensland. . PARTNERSHIP LAW CASES Janurary
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Tullula Investments Ltd is a large South Australian company‚ which owns and operates many hotel and restaurants throughout Australia. Italian Cuisine Ltd‚ a food and catering business whose headquarters are in Brisbane‚ supplies goods commonly used by businesses such as Tullula Investments Ltd. On September 1‚ 2000‚ Italian Cuisine Ltd sent a fax to Tullula Investments Ltd‚ which read: "Can offer latest ’Speedy Rice Cookers’ at $100 each." On October 1‚ 2000‚ Tullula Investments Ltd faxed a reply
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Universiteit van Amsterdam Faculteit der Rechtsgeleerdheid Anglo-American Contract and Tort law Interpretation of contracts ‘’ To what extend does the interpretation of Dutch contracts differ from English contracts. ’’ Naam: A.N.Y. van der Looij Studentnummer: 5610303 Begeleider: Professor H. Beale Amsterdam‚ 14th of June 2013 Table of contents Chapter 1 Preface 3 1.1 Neccessity of interpretation 3 1.2 ‘’Objective’’ and ‘’Subjective’’ interpretation 3
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