SlideShare a Scribd company logo
1 of 28
Sequence of thoughts
Rearrange the sentences to
improve the sequence
The Supreme Court reversed the
Court of Appeal’s affirmance of a
summary judgment granted to
Pilsen Corporation, the plaintiff,
which had only requested a partial
summary judgment on the
discrete issue of fraud. (33 words)
1. Pilsen sued defendant in lower court.
2. Pilsen raised the discrete issue of fraud and
prayed for partial summary judgment.
3. Lower court made summary judgment in
favor of Pilsen.
4. Defendant appealed to CA.
5. CA affirmed lower court.
6. Defendant elevated case to SC.
7. SC reversed CA on the ground that plaintiff
only prayed for partial summary judgment on
the issue of fraud.
The Court of Appeals affirmed a
summary judgment granted to
plaintiff Pilsen Corp. The Supreme
Court reversed the Court of Appeals
on the ground that plaintiff had only
requested a partial summary
judgment on the discrete issue of
fraud. (39 words)
The issue is whether Meralco has
granted its neighbors an easement to
use a private road that enters a Meralco
fuel-storage yard, when for three years
Meralco has had a guard at the road's
entrance but has posted no other notice
about private property or permission to
enter, and for seven years the owners of
adjacent property have used the road to
reach their own property. (67 words)
For the past seven years neighbors used
Meralco’s private road inside its storage yard to
access their property. Three years ago Meralco
posted a guard at the road's entrance but posted
no other notice about private property or
permission to enter. The issue is whether
Meralco has granted its neighbors an easement.
(52 words)
The court awarded the niece of Madrigal a
constructive trust. Madrigal's niece was suing
Madrigal estate for one-half interest in property that
she claimed her uncle owned and had promised to
bequeath to her in exchange for caring for him until
his death. The court observed that the property was
purchased in his sister's name. This was done for
business purposes and because he and his sister
shared a close relationship. There was also an
agreement between the siblings that the sister would
be allowed to keep only half the property. The court
ruled that withholding the property from the niece
would be a breach of promise; hence, a constructive
trust was awarded in favor of the niece. (118 words)
1) The niece looked after Uncle until his death;
2) She claimed that Uncle promised to give her half of a property upon his
death as a reward for her care;
3) Uncle died; family of Uncle refused to comply claiming that Uncle does
not have any property; Niece sued, claiming that the property belongs
to Uncle;
4) Court ruled that Uncle actually owns the property (although titled under
sister’s name) because a) it was done for business purpose, and b)
because of close relationship with Uncle’s sister
5) Furthermore, the court found that there was an agreement between the
siblings that the sister would be allowed to keep only half the property;
6) Therefore, it would be a breach of promise not to give something to the
niece;
7) The court ruled that a Constructive Trust exists.
Mr. Madrigal's niece was suing his estate for
property which she claimed that he owned. She claimed
that he promised to bequeath to her half of his property in
exchange for caring for him until his death. The court
observed that the property was purchased in his sister's
name for business purposes and because they shared a
close relationship. There was also an agreement between
the siblings that the sister would be allowed to keep only
half the property. Thus, the court ruled that withholding
the property from the niece would be a breach of promise;
hence, a constructive trust was awarded in favor of the
niece. (107 words)
At no time prior to the initial public
offering did the underwriters or any
officers, directors, or employees have
knowledge of any facts that would suggest
that "Palmera Residence" could not be
completed on schedule and in accordance
with specifications. (40 words)
Before the initial public offering, the
underwriters and the officers, directors, and
employees believed that "Palmera Residence"
would be completed on schedule and in
accordance with specifications. (28 words)
Biazon has wholly failed to allege facts that, if
true, would establish that competition among
the nation's law schools would be reduced or
that the public has been in any way injured,
and this failure to allege facts that would
establish an injury warrants the dismissal of
his restraint-of-trade claim. (52 words)
Biazon has wholly failed to allege facts to
show that competition among the nation's
law schools would be reduced or that the
public had been injured. This failure to
show an injury warrants the dismissal of
his restraint-of-trade claim. (39 words)
There is case law for the
proposition that use restrictions
are not always strictly enforced
when a lease is assigned by a
tenant in bankruptcy and the
property in question is not part of
a shopping center. (37 words)
Analysis of the Statement
What is the proposition?
“use restrictions are not always
strictly enforced”
Under what conditions?
a)when a lease is assigned by a tenant in
bankruptcy ; and
b)When the property in question is not
part of a shopping center.
When a lease is assigned by a tenant
in bankruptcy and the property is not part
of a shopping center, use restrictions are
not always strictly enforced. This is borne
out by case law. (34 words)
Jurisprudence states that when a
lease is assigned by a tenant in
bankruptcy and the property is not
part of a shopping center, use
restrictions are not always strictly
enforced. (30 words)
Arbitration as a means of
settling disputes was at first
viewed by the courts with
much disfavor, but today is
being used increasingly as a
substitute for litigation for the
adjudication of disputes
arising out of contracts.
(37 words)
At first, courts viewed Arbitration
with much disfavor, but today it is
being increasingly used in lieu of
litigation for breach of contract
disputes. (24 words)
To say that one who has contracted to serve
for a number of years at a low salary or at
distasteful work and seeks to better his or
her condition by a contract with another
party should be penalized in every case by
inability to enforce this second contract
seems harsh, and under these or other
extenuating circumstances, the courts have
often deemed damages to be sufficient
recompense to the injured employer
without also invalidating the second
contract. (78 words)
Analysis:
1)A person has contracted to serve for a number of
years at a low salary or at distasteful work.
2)He seeks to better (improve) his or her
condition by a contract with another party.
3)He was penalized for breach of contract.
4)This inability to enforce this second contract
seems harsh [to the courts].
5)Under these or other extenuating
circumstances, the courts have often deemed
[award of] damages to be sufficient recompense to
the injured employer without also invalidating the
second contract.
In a situation where a worker entered into a
second contract seeking to improve his
condition, the penalty of voiding the second
contract seems harsh. Under these or other
extenuating circumstances, the courts have
often deemed it sufficient to award damages to
the injured employer without invalidating the
second contract. (50 words)
Use effective punctuation or
break into shorter sentences
to facilitate reading.
Try to use as many of the
original words as possible.
The court of appeals noted that the Environmental
Protection Agency (EPA) had already issued the applicant a
National Pollution Elimination System permit for the actual
discharge of wastewater, which would occur from the outfall
pipe, and that the issuance and conditions of such permits
were generally exempt under the Clean Water Act from
compliance with the Environmental Impact Statement (EIS)
requirement, and accordingly the court concluded that the
Corps had properly excluded the environmental implications
of the discharges from the outfall pipe from its analysis and
instead considered only the construction and maintenance of
the pipeline itself in determining that the issuance of the
permit did not constitute a major federal action. [112 words]
The court of appeals noted that the Environmental Protection
Agency (EPA) had already issued the applicant a National Pollution
Elimination System Permit for the actual discharge of wastewater
(which would occur from the outfall pipe); and that the issuance
and conditions of such permits were generally exempt under the
Clean Water Act (from compliance with the Environmental Impact
Statement (EIS) requirement). Accordingly, the court found that
the Corps had properly excluded the environmental implications
of the discharges from the outfall pipe from its analysis. It thus
considered only the construction and maintenance of the pipeline
itself and concluded that issuing the permit did not constitute a
major federal action. [106 words]
Some time subsequent thereto defendant, Ben Cruz,
picked up a lightly built wood-and-canvas lawn chair
that was then and there located in the back yard of the
above described premises, moved it sideways a few
feet and seated himself therein, at which time he
discovered that the plaintiff, Ruth Garcia, was about to
sit down at the place where the lawn chair had
formerly been, at which time he hurriedly got up from
the chair and attempted to move it toward Ruth Garcia
to aid her in sitting down in the chair, whereupon, due
to the defendant's small size and lack of dexterity, he
was unable to get the lawn chair under the plaintiff in
time to prevent her from falling to the ground.
(126 words)
Some time after, defendant Ben Cruz, picked up a
lightly built wood-and-canvas lawn chair that was
located in the back yard of the premises, moved it
sideways a few feet and sat on it. He then saw
that the plaintiff, Ruth Garcia, was about to sit
down at the place where the lawn chair had been.
He hurriedly got up and attempted to move it to
its former position. Because defendant was small
and lacked dexterity, he was unable to get the
chair under the plaintiff in time to prevent her
from falling. (96 words)

More Related Content

What's hot

security for keeping the peace and for good behaviour
 security for keeping the peace and for good behaviour security for keeping the peace and for good behaviour
security for keeping the peace and for good behaviourbansi default
 
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...Asian Paint Bangladesh Ltd
 
State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808
State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808
State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808Anadi Tewari
 
Introductory of Code of Civil Procedure, 1908
Introductory of Code of Civil Procedure, 1908Introductory of Code of Civil Procedure, 1908
Introductory of Code of Civil Procedure, 1908Mahamud Wazed (Wazii)
 
Pre trial proceedings in criminal case by ghulam hamid
Pre trial proceedings in criminal case by ghulam hamidPre trial proceedings in criminal case by ghulam hamid
Pre trial proceedings in criminal case by ghulam hamidzulfi799
 
INAS FAIQAH 2015
INAS FAIQAH 2015INAS FAIQAH 2015
INAS FAIQAH 2015Lolaa Azhar
 
Schools of hindu law
Schools of hindu lawSchools of hindu law
Schools of hindu lawRashmi Dubey
 
TORT II [strict liability notes]
TORT II [strict liability notes]TORT II [strict liability notes]
TORT II [strict liability notes]Amalia Sulaiman
 
Nature and extent of insurer's liability under motor vehicles act 1988
Nature and extent of insurer's liability under motor vehicles act 1988Nature and extent of insurer's liability under motor vehicles act 1988
Nature and extent of insurer's liability under motor vehicles act 1988Mohith Sanjay
 
The rights of private defence
The rights of private defenceThe rights of private defence
The rights of private defenceMd Abdul Karim
 
Doctrine of Lis Pen des.pptx
Doctrine of Lis Pen des.pptxDoctrine of Lis Pen des.pptx
Doctrine of Lis Pen des.pptxShambhavi702444
 
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}ShahMuhammad55
 
Strict interpretation [penal]
Strict interpretation [penal]Strict interpretation [penal]
Strict interpretation [penal]SUBHAM AGRAWAL
 

What's hot (20)

security for keeping the peace and for good behaviour
 security for keeping the peace and for good behaviour security for keeping the peace and for good behaviour
security for keeping the peace and for good behaviour
 
Possession
PossessionPossession
Possession
 
Procesal civil 2
Procesal civil 2Procesal civil 2
Procesal civil 2
 
CONFESSION
CONFESSION CONFESSION
CONFESSION
 
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...
 
F.I.R.
F.I.R.F.I.R.
F.I.R.
 
State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808
State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808
State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808
 
Introductory of Code of Civil Procedure, 1908
Introductory of Code of Civil Procedure, 1908Introductory of Code of Civil Procedure, 1908
Introductory of Code of Civil Procedure, 1908
 
Pre trial proceedings in criminal case by ghulam hamid
Pre trial proceedings in criminal case by ghulam hamidPre trial proceedings in criminal case by ghulam hamid
Pre trial proceedings in criminal case by ghulam hamid
 
INAS FAIQAH 2015
INAS FAIQAH 2015INAS FAIQAH 2015
INAS FAIQAH 2015
 
Schools of hindu law
Schools of hindu lawSchools of hindu law
Schools of hindu law
 
TORT II [strict liability notes]
TORT II [strict liability notes]TORT II [strict liability notes]
TORT II [strict liability notes]
 
Case study of Rylands v. Fletcher
Case study of Rylands v. FletcherCase study of Rylands v. Fletcher
Case study of Rylands v. Fletcher
 
Nature and extent of insurer's liability under motor vehicles act 1988
Nature and extent of insurer's liability under motor vehicles act 1988Nature and extent of insurer's liability under motor vehicles act 1988
Nature and extent of insurer's liability under motor vehicles act 1988
 
The rights of private defence
The rights of private defenceThe rights of private defence
The rights of private defence
 
Donoghue v Stevenson
Donoghue v StevensonDonoghue v Stevenson
Donoghue v Stevenson
 
Res gestae
Res gestaeRes gestae
Res gestae
 
Doctrine of Lis Pen des.pptx
Doctrine of Lis Pen des.pptxDoctrine of Lis Pen des.pptx
Doctrine of Lis Pen des.pptx
 
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}
 
Strict interpretation [penal]
Strict interpretation [penal]Strict interpretation [penal]
Strict interpretation [penal]
 

Similar to Courts often award damages instead of voiding second contracts

presentation study circle
presentation study circlepresentation study circle
presentation study circleMohamad Zebkhan
 
LAND LAW 1 Dealings part 3 easements
LAND LAW 1 Dealings part 3 easementsLAND LAW 1 Dealings part 3 easements
LAND LAW 1 Dealings part 3 easementsxareejx
 
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005chithra venkatesan
 
Ll1 slides dealings part 3 easements
Ll1 slides dealings part 3 easementsLl1 slides dealings part 3 easements
Ll1 slides dealings part 3 easementsxareejx
 
ADR - 5TH MAY - Cpt. BHATIA (F) - 5th LECTURE
ADR - 5TH MAY - Cpt. BHATIA (F) - 5th LECTUREADR - 5TH MAY - Cpt. BHATIA (F) - 5th LECTURE
ADR - 5TH MAY - Cpt. BHATIA (F) - 5th LECTUREcmmindia2017
 
Maxims of equity
Maxims of equityMaxims of equity
Maxims of equityUmmi Rahimi
 
Lecture 8 Exclusion and Limiting Clauses - Cases
Lecture 8   Exclusion and Limiting Clauses - CasesLecture 8   Exclusion and Limiting Clauses - Cases
Lecture 8 Exclusion and Limiting Clauses - CasesRamona Vansluytman
 
Exemption clauses and discharge (allow, release) of contract by DATIUS DIDACE
Exemption clauses and discharge (allow, release) of contract by  DATIUS DIDACEExemption clauses and discharge (allow, release) of contract by  DATIUS DIDACE
Exemption clauses and discharge (allow, release) of contract by DATIUS DIDACEMzumbe University
 
Concept and object of limitation
Concept and object of limitationConcept and object of limitation
Concept and object of limitationMADHUBALA SOLANKI
 
Compilation of Judgments wherein it is held that "Suit is not maintainable"
Compilation of Judgments wherein it is held that "Suit is not maintainable"Compilation of Judgments wherein it is held that "Suit is not maintainable"
Compilation of Judgments wherein it is held that "Suit is not maintainable"Legal
 
Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327bariajenne
 
Year In Review (Nov. 29)
Year In Review (Nov. 29)Year In Review (Nov. 29)
Year In Review (Nov. 29)bradsugarman
 
Agreement in Contract : Mirror image rule
Agreement in Contract : Mirror image ruleAgreement in Contract : Mirror image rule
Agreement in Contract : Mirror image rulePreeti Sikder
 
Landlord Tenant Law: Eviction and the Judicial Process
Landlord Tenant Law: Eviction and the Judicial ProcessLandlord Tenant Law: Eviction and the Judicial Process
Landlord Tenant Law: Eviction and the Judicial Processeglzfan
 

Similar to Courts often award damages instead of voiding second contracts (20)

presentation study circle
presentation study circlepresentation study circle
presentation study circle
 
LAND LAW 1 Dealings part 3 easements
LAND LAW 1 Dealings part 3 easementsLAND LAW 1 Dealings part 3 easements
LAND LAW 1 Dealings part 3 easements
 
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005
 
Ll1 slides dealings part 3 easements
Ll1 slides dealings part 3 easementsLl1 slides dealings part 3 easements
Ll1 slides dealings part 3 easements
 
Mistake
MistakeMistake
Mistake
 
Lecture 12 privity - notes
Lecture 12   privity - notesLecture 12   privity - notes
Lecture 12 privity - notes
 
ADR - 5TH MAY - Cpt. BHATIA (F) - 5th LECTURE
ADR - 5TH MAY - Cpt. BHATIA (F) - 5th LECTUREADR - 5TH MAY - Cpt. BHATIA (F) - 5th LECTURE
ADR - 5TH MAY - Cpt. BHATIA (F) - 5th LECTURE
 
Pp77
Pp77Pp77
Pp77
 
Maxims of equity
Maxims of equityMaxims of equity
Maxims of equity
 
Lecture 8 Exclusion and Limiting Clauses - Cases
Lecture 8   Exclusion and Limiting Clauses - CasesLecture 8   Exclusion and Limiting Clauses - Cases
Lecture 8 Exclusion and Limiting Clauses - Cases
 
Exemption clauses and discharge (allow, release) of contract by DATIUS DIDACE
Exemption clauses and discharge (allow, release) of contract by  DATIUS DIDACEExemption clauses and discharge (allow, release) of contract by  DATIUS DIDACE
Exemption clauses and discharge (allow, release) of contract by DATIUS DIDACE
 
Concept and object of limitation
Concept and object of limitationConcept and object of limitation
Concept and object of limitation
 
Geosource Case Study
Geosource Case StudyGeosource Case Study
Geosource Case Study
 
Compilation of Judgments wherein it is held that "Suit is not maintainable"
Compilation of Judgments wherein it is held that "Suit is not maintainable"Compilation of Judgments wherein it is held that "Suit is not maintainable"
Compilation of Judgments wherein it is held that "Suit is not maintainable"
 
Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327
 
Year In Review (Nov. 29)
Year In Review (Nov. 29)Year In Review (Nov. 29)
Year In Review (Nov. 29)
 
Exparte injunction
Exparte injunctionExparte injunction
Exparte injunction
 
Agreement in Contract : Mirror image rule
Agreement in Contract : Mirror image ruleAgreement in Contract : Mirror image rule
Agreement in Contract : Mirror image rule
 
Landlord Tenant Law: Eviction and the Judicial Process
Landlord Tenant Law: Eviction and the Judicial ProcessLandlord Tenant Law: Eviction and the Judicial Process
Landlord Tenant Law: Eviction and the Judicial Process
 
RES JUDICATA
RES JUDICATARES JUDICATA
RES JUDICATA
 

More from Mirea Mizushima

The ABC of Effective Writing
The ABC of Effective WritingThe ABC of Effective Writing
The ABC of Effective WritingMirea Mizushima
 
How not to write (Legal Writing)
How not to write (Legal Writing)How not to write (Legal Writing)
How not to write (Legal Writing)Mirea Mizushima
 
Clear and effective writing (News Story)
Clear and effective writing (News Story)Clear and effective writing (News Story)
Clear and effective writing (News Story)Mirea Mizushima
 
Answering questions (Legal Writing)
Answering questions (Legal Writing)Answering questions (Legal Writing)
Answering questions (Legal Writing)Mirea Mizushima
 
Writing the arguments (Legal Writing)
Writing the arguments (Legal Writing)Writing the arguments (Legal Writing)
Writing the arguments (Legal Writing)Mirea Mizushima
 
Opinion writing and memoranda
Opinion writing and memorandaOpinion writing and memoranda
Opinion writing and memorandaMirea Mizushima
 
Elements of case analysis
Elements of case analysisElements of case analysis
Elements of case analysisMirea Mizushima
 
Purpose of writing (Legal Writing)
Purpose of writing (Legal Writing)Purpose of writing (Legal Writing)
Purpose of writing (Legal Writing)Mirea Mizushima
 
Prepositions (Legal Writing)
Prepositions (Legal Writing)Prepositions (Legal Writing)
Prepositions (Legal Writing)Mirea Mizushima
 
Organizing sentences (exercises, short quizzes, etc.)
Organizing sentences (exercises, short quizzes, etc.)Organizing sentences (exercises, short quizzes, etc.)
Organizing sentences (exercises, short quizzes, etc.)Mirea Mizushima
 
Violence Against Women and Children
Violence Against Women and ChildrenViolence Against Women and Children
Violence Against Women and ChildrenMirea Mizushima
 
Cooperative supervision and administrative practice and principles
Cooperative supervision and administrative practice and principlesCooperative supervision and administrative practice and principles
Cooperative supervision and administrative practice and principlesMirea Mizushima
 
Learners with exceptionalities
Learners with exceptionalitiesLearners with exceptionalities
Learners with exceptionalitiesMirea Mizushima
 
Servant and Transformational Leadership
Servant and Transformational LeadershipServant and Transformational Leadership
Servant and Transformational LeadershipMirea Mizushima
 

More from Mirea Mizushima (20)

The ABC of Effective Writing
The ABC of Effective WritingThe ABC of Effective Writing
The ABC of Effective Writing
 
How not to write (Legal Writing)
How not to write (Legal Writing)How not to write (Legal Writing)
How not to write (Legal Writing)
 
Effective legal writing
Effective legal writingEffective legal writing
Effective legal writing
 
Clear and effective writing (News Story)
Clear and effective writing (News Story)Clear and effective writing (News Story)
Clear and effective writing (News Story)
 
Answering questions (Legal Writing)
Answering questions (Legal Writing)Answering questions (Legal Writing)
Answering questions (Legal Writing)
 
Writing the arguments (Legal Writing)
Writing the arguments (Legal Writing)Writing the arguments (Legal Writing)
Writing the arguments (Legal Writing)
 
Opinion writing and memoranda
Opinion writing and memorandaOpinion writing and memoranda
Opinion writing and memoranda
 
Relevant facts
Relevant factsRelevant facts
Relevant facts
 
Elements of case analysis
Elements of case analysisElements of case analysis
Elements of case analysis
 
Spot the issue
Spot the issueSpot the issue
Spot the issue
 
Fallacies
FallaciesFallacies
Fallacies
 
Purpose of writing (Legal Writing)
Purpose of writing (Legal Writing)Purpose of writing (Legal Writing)
Purpose of writing (Legal Writing)
 
Prepositions (Legal Writing)
Prepositions (Legal Writing)Prepositions (Legal Writing)
Prepositions (Legal Writing)
 
Organizing sentences (exercises, short quizzes, etc.)
Organizing sentences (exercises, short quizzes, etc.)Organizing sentences (exercises, short quizzes, etc.)
Organizing sentences (exercises, short quizzes, etc.)
 
Argue the witticism
Argue the witticismArgue the witticism
Argue the witticism
 
Violence Against Women and Children
Violence Against Women and ChildrenViolence Against Women and Children
Violence Against Women and Children
 
Cooperative supervision and administrative practice and principles
Cooperative supervision and administrative practice and principlesCooperative supervision and administrative practice and principles
Cooperative supervision and administrative practice and principles
 
Learners with exceptionalities
Learners with exceptionalitiesLearners with exceptionalities
Learners with exceptionalities
 
Servant and Transformational Leadership
Servant and Transformational LeadershipServant and Transformational Leadership
Servant and Transformational Leadership
 
Warsaw Pact
Warsaw PactWarsaw Pact
Warsaw Pact
 

Recently uploaded

Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdfLike-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdfMr Bounab Samir
 
Earth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatEarth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatYousafMalik24
 
Quarter 4 Peace-education.pptx Catch Up Friday
Quarter 4 Peace-education.pptx Catch Up FridayQuarter 4 Peace-education.pptx Catch Up Friday
Quarter 4 Peace-education.pptx Catch Up FridayMakMakNepo
 
ENGLISH6-Q4-W3.pptxqurter our high choom
ENGLISH6-Q4-W3.pptxqurter our high choomENGLISH6-Q4-W3.pptxqurter our high choom
ENGLISH6-Q4-W3.pptxqurter our high choomnelietumpap1
 
Romantic Opera MUSIC FOR GRADE NINE pptx
Romantic Opera MUSIC FOR GRADE NINE pptxRomantic Opera MUSIC FOR GRADE NINE pptx
Romantic Opera MUSIC FOR GRADE NINE pptxsqpmdrvczh
 
Atmosphere science 7 quarter 4 .........
Atmosphere science 7 quarter 4 .........Atmosphere science 7 quarter 4 .........
Atmosphere science 7 quarter 4 .........LeaCamillePacle
 
Procuring digital preservation CAN be quick and painless with our new dynamic...
Procuring digital preservation CAN be quick and painless with our new dynamic...Procuring digital preservation CAN be quick and painless with our new dynamic...
Procuring digital preservation CAN be quick and painless with our new dynamic...Jisc
 
Judging the Relevance and worth of ideas part 2.pptx
Judging the Relevance  and worth of ideas part 2.pptxJudging the Relevance  and worth of ideas part 2.pptx
Judging the Relevance and worth of ideas part 2.pptxSherlyMaeNeri
 
How to Configure Email Server in Odoo 17
How to Configure Email Server in Odoo 17How to Configure Email Server in Odoo 17
How to Configure Email Server in Odoo 17Celine George
 
Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Mark Reed
 
Proudly South Africa powerpoint Thorisha.pptx
Proudly South Africa powerpoint Thorisha.pptxProudly South Africa powerpoint Thorisha.pptx
Proudly South Africa powerpoint Thorisha.pptxthorishapillay1
 
Grade 9 Q4-MELC1-Active and Passive Voice.pptx
Grade 9 Q4-MELC1-Active and Passive Voice.pptxGrade 9 Q4-MELC1-Active and Passive Voice.pptx
Grade 9 Q4-MELC1-Active and Passive Voice.pptxChelloAnnAsuncion2
 
DATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersDATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersSabitha Banu
 
What is Model Inheritance in Odoo 17 ERP
What is Model Inheritance in Odoo 17 ERPWhat is Model Inheritance in Odoo 17 ERP
What is Model Inheritance in Odoo 17 ERPCeline George
 
Alper Gobel In Media Res Media Component
Alper Gobel In Media Res Media ComponentAlper Gobel In Media Res Media Component
Alper Gobel In Media Res Media ComponentInMediaRes1
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Educationpboyjonauth
 
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptxMULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptxAnupkumar Sharma
 

Recently uploaded (20)

Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdfLike-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
Like-prefer-love -hate+verb+ing & silent letters & citizenship text.pdf
 
Earth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice greatEarth Day Presentation wow hello nice great
Earth Day Presentation wow hello nice great
 
Quarter 4 Peace-education.pptx Catch Up Friday
Quarter 4 Peace-education.pptx Catch Up FridayQuarter 4 Peace-education.pptx Catch Up Friday
Quarter 4 Peace-education.pptx Catch Up Friday
 
ENGLISH6-Q4-W3.pptxqurter our high choom
ENGLISH6-Q4-W3.pptxqurter our high choomENGLISH6-Q4-W3.pptxqurter our high choom
ENGLISH6-Q4-W3.pptxqurter our high choom
 
Romantic Opera MUSIC FOR GRADE NINE pptx
Romantic Opera MUSIC FOR GRADE NINE pptxRomantic Opera MUSIC FOR GRADE NINE pptx
Romantic Opera MUSIC FOR GRADE NINE pptx
 
Atmosphere science 7 quarter 4 .........
Atmosphere science 7 quarter 4 .........Atmosphere science 7 quarter 4 .........
Atmosphere science 7 quarter 4 .........
 
Procuring digital preservation CAN be quick and painless with our new dynamic...
Procuring digital preservation CAN be quick and painless with our new dynamic...Procuring digital preservation CAN be quick and painless with our new dynamic...
Procuring digital preservation CAN be quick and painless with our new dynamic...
 
Judging the Relevance and worth of ideas part 2.pptx
Judging the Relevance  and worth of ideas part 2.pptxJudging the Relevance  and worth of ideas part 2.pptx
Judging the Relevance and worth of ideas part 2.pptx
 
How to Configure Email Server in Odoo 17
How to Configure Email Server in Odoo 17How to Configure Email Server in Odoo 17
How to Configure Email Server in Odoo 17
 
Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)Influencing policy (training slides from Fast Track Impact)
Influencing policy (training slides from Fast Track Impact)
 
Proudly South Africa powerpoint Thorisha.pptx
Proudly South Africa powerpoint Thorisha.pptxProudly South Africa powerpoint Thorisha.pptx
Proudly South Africa powerpoint Thorisha.pptx
 
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdfTataKelola dan KamSiber Kecerdasan Buatan v022.pdf
TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
 
Grade 9 Q4-MELC1-Active and Passive Voice.pptx
Grade 9 Q4-MELC1-Active and Passive Voice.pptxGrade 9 Q4-MELC1-Active and Passive Voice.pptx
Grade 9 Q4-MELC1-Active and Passive Voice.pptx
 
DATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginnersDATA STRUCTURE AND ALGORITHM for beginners
DATA STRUCTURE AND ALGORITHM for beginners
 
What is Model Inheritance in Odoo 17 ERP
What is Model Inheritance in Odoo 17 ERPWhat is Model Inheritance in Odoo 17 ERP
What is Model Inheritance in Odoo 17 ERP
 
9953330565 Low Rate Call Girls In Rohini Delhi NCR
9953330565 Low Rate Call Girls In Rohini  Delhi NCR9953330565 Low Rate Call Girls In Rohini  Delhi NCR
9953330565 Low Rate Call Girls In Rohini Delhi NCR
 
Alper Gobel In Media Res Media Component
Alper Gobel In Media Res Media ComponentAlper Gobel In Media Res Media Component
Alper Gobel In Media Res Media Component
 
Raw materials used in Herbal Cosmetics.pptx
Raw materials used in Herbal Cosmetics.pptxRaw materials used in Herbal Cosmetics.pptx
Raw materials used in Herbal Cosmetics.pptx
 
Introduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher EducationIntroduction to ArtificiaI Intelligence in Higher Education
Introduction to ArtificiaI Intelligence in Higher Education
 
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptxMULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
MULTIDISCIPLINRY NATURE OF THE ENVIRONMENTAL STUDIES.pptx
 

Courts often award damages instead of voiding second contracts

  • 2. Rearrange the sentences to improve the sequence
  • 3. The Supreme Court reversed the Court of Appeal’s affirmance of a summary judgment granted to Pilsen Corporation, the plaintiff, which had only requested a partial summary judgment on the discrete issue of fraud. (33 words)
  • 4. 1. Pilsen sued defendant in lower court. 2. Pilsen raised the discrete issue of fraud and prayed for partial summary judgment. 3. Lower court made summary judgment in favor of Pilsen. 4. Defendant appealed to CA. 5. CA affirmed lower court. 6. Defendant elevated case to SC. 7. SC reversed CA on the ground that plaintiff only prayed for partial summary judgment on the issue of fraud.
  • 5. The Court of Appeals affirmed a summary judgment granted to plaintiff Pilsen Corp. The Supreme Court reversed the Court of Appeals on the ground that plaintiff had only requested a partial summary judgment on the discrete issue of fraud. (39 words)
  • 6. The issue is whether Meralco has granted its neighbors an easement to use a private road that enters a Meralco fuel-storage yard, when for three years Meralco has had a guard at the road's entrance but has posted no other notice about private property or permission to enter, and for seven years the owners of adjacent property have used the road to reach their own property. (67 words)
  • 7. For the past seven years neighbors used Meralco’s private road inside its storage yard to access their property. Three years ago Meralco posted a guard at the road's entrance but posted no other notice about private property or permission to enter. The issue is whether Meralco has granted its neighbors an easement. (52 words)
  • 8. The court awarded the niece of Madrigal a constructive trust. Madrigal's niece was suing Madrigal estate for one-half interest in property that she claimed her uncle owned and had promised to bequeath to her in exchange for caring for him until his death. The court observed that the property was purchased in his sister's name. This was done for business purposes and because he and his sister shared a close relationship. There was also an agreement between the siblings that the sister would be allowed to keep only half the property. The court ruled that withholding the property from the niece would be a breach of promise; hence, a constructive trust was awarded in favor of the niece. (118 words)
  • 9. 1) The niece looked after Uncle until his death; 2) She claimed that Uncle promised to give her half of a property upon his death as a reward for her care; 3) Uncle died; family of Uncle refused to comply claiming that Uncle does not have any property; Niece sued, claiming that the property belongs to Uncle; 4) Court ruled that Uncle actually owns the property (although titled under sister’s name) because a) it was done for business purpose, and b) because of close relationship with Uncle’s sister 5) Furthermore, the court found that there was an agreement between the siblings that the sister would be allowed to keep only half the property; 6) Therefore, it would be a breach of promise not to give something to the niece; 7) The court ruled that a Constructive Trust exists.
  • 10. Mr. Madrigal's niece was suing his estate for property which she claimed that he owned. She claimed that he promised to bequeath to her half of his property in exchange for caring for him until his death. The court observed that the property was purchased in his sister's name for business purposes and because they shared a close relationship. There was also an agreement between the siblings that the sister would be allowed to keep only half the property. Thus, the court ruled that withholding the property from the niece would be a breach of promise; hence, a constructive trust was awarded in favor of the niece. (107 words)
  • 11. At no time prior to the initial public offering did the underwriters or any officers, directors, or employees have knowledge of any facts that would suggest that "Palmera Residence" could not be completed on schedule and in accordance with specifications. (40 words)
  • 12. Before the initial public offering, the underwriters and the officers, directors, and employees believed that "Palmera Residence" would be completed on schedule and in accordance with specifications. (28 words)
  • 13. Biazon has wholly failed to allege facts that, if true, would establish that competition among the nation's law schools would be reduced or that the public has been in any way injured, and this failure to allege facts that would establish an injury warrants the dismissal of his restraint-of-trade claim. (52 words)
  • 14. Biazon has wholly failed to allege facts to show that competition among the nation's law schools would be reduced or that the public had been injured. This failure to show an injury warrants the dismissal of his restraint-of-trade claim. (39 words)
  • 15. There is case law for the proposition that use restrictions are not always strictly enforced when a lease is assigned by a tenant in bankruptcy and the property in question is not part of a shopping center. (37 words)
  • 16. Analysis of the Statement What is the proposition? “use restrictions are not always strictly enforced” Under what conditions? a)when a lease is assigned by a tenant in bankruptcy ; and b)When the property in question is not part of a shopping center.
  • 17. When a lease is assigned by a tenant in bankruptcy and the property is not part of a shopping center, use restrictions are not always strictly enforced. This is borne out by case law. (34 words)
  • 18. Jurisprudence states that when a lease is assigned by a tenant in bankruptcy and the property is not part of a shopping center, use restrictions are not always strictly enforced. (30 words)
  • 19. Arbitration as a means of settling disputes was at first viewed by the courts with much disfavor, but today is being used increasingly as a substitute for litigation for the adjudication of disputes arising out of contracts. (37 words)
  • 20. At first, courts viewed Arbitration with much disfavor, but today it is being increasingly used in lieu of litigation for breach of contract disputes. (24 words)
  • 21. To say that one who has contracted to serve for a number of years at a low salary or at distasteful work and seeks to better his or her condition by a contract with another party should be penalized in every case by inability to enforce this second contract seems harsh, and under these or other extenuating circumstances, the courts have often deemed damages to be sufficient recompense to the injured employer without also invalidating the second contract. (78 words)
  • 22. Analysis: 1)A person has contracted to serve for a number of years at a low salary or at distasteful work. 2)He seeks to better (improve) his or her condition by a contract with another party. 3)He was penalized for breach of contract. 4)This inability to enforce this second contract seems harsh [to the courts]. 5)Under these or other extenuating circumstances, the courts have often deemed [award of] damages to be sufficient recompense to the injured employer without also invalidating the second contract.
  • 23. In a situation where a worker entered into a second contract seeking to improve his condition, the penalty of voiding the second contract seems harsh. Under these or other extenuating circumstances, the courts have often deemed it sufficient to award damages to the injured employer without invalidating the second contract. (50 words)
  • 24. Use effective punctuation or break into shorter sentences to facilitate reading. Try to use as many of the original words as possible.
  • 25. The court of appeals noted that the Environmental Protection Agency (EPA) had already issued the applicant a National Pollution Elimination System permit for the actual discharge of wastewater, which would occur from the outfall pipe, and that the issuance and conditions of such permits were generally exempt under the Clean Water Act from compliance with the Environmental Impact Statement (EIS) requirement, and accordingly the court concluded that the Corps had properly excluded the environmental implications of the discharges from the outfall pipe from its analysis and instead considered only the construction and maintenance of the pipeline itself in determining that the issuance of the permit did not constitute a major federal action. [112 words]
  • 26. The court of appeals noted that the Environmental Protection Agency (EPA) had already issued the applicant a National Pollution Elimination System Permit for the actual discharge of wastewater (which would occur from the outfall pipe); and that the issuance and conditions of such permits were generally exempt under the Clean Water Act (from compliance with the Environmental Impact Statement (EIS) requirement). Accordingly, the court found that the Corps had properly excluded the environmental implications of the discharges from the outfall pipe from its analysis. It thus considered only the construction and maintenance of the pipeline itself and concluded that issuing the permit did not constitute a major federal action. [106 words]
  • 27. Some time subsequent thereto defendant, Ben Cruz, picked up a lightly built wood-and-canvas lawn chair that was then and there located in the back yard of the above described premises, moved it sideways a few feet and seated himself therein, at which time he discovered that the plaintiff, Ruth Garcia, was about to sit down at the place where the lawn chair had formerly been, at which time he hurriedly got up from the chair and attempted to move it toward Ruth Garcia to aid her in sitting down in the chair, whereupon, due to the defendant's small size and lack of dexterity, he was unable to get the lawn chair under the plaintiff in time to prevent her from falling to the ground. (126 words)
  • 28. Some time after, defendant Ben Cruz, picked up a lightly built wood-and-canvas lawn chair that was located in the back yard of the premises, moved it sideways a few feet and sat on it. He then saw that the plaintiff, Ruth Garcia, was about to sit down at the place where the lawn chair had been. He hurriedly got up and attempted to move it to its former position. Because defendant was small and lacked dexterity, he was unable to get the chair under the plaintiff in time to prevent her from falling. (96 words)

Editor's Notes

  1. * The issue is whether Meralco has granted its neighbors an easement to use a private road that enters a Meralco fuel-storage yard, when for three years Meralco has had a guard at the road's entrance but has posted no other notice about private property or permission to enter, and for seven years the owners of adjacent property have used the road to reach their own property.