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Archive
What is the concept of Contributory Negligence? | 4 August 2024
When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the court shall mitigate the damages to be awarded. (Article 2179, Civil Code of the Philippines)
Common Carrier vs. Private Carrier | 2 August 2024
Much of the distinction between a “common or public carrier” and a “private or special carrier” lies in the character of the business, such that if the undertaking is an isolated transaction, not a part of the business or occupation, and the carrier does not hold itself out to carry the goods for the general public or to a limited clientele, although involving the carriage of goods for a fee, the person or corporation providing such service could very well be just a private carrier. (Philippine American General Insurance Company vs. PKS Shipping Company, G.R. No. 149038, April 9, 2003) READ
Substantial Compliance with the First-Written Notice | 31 July 2024
Suspension is a disciplinary action resorted to by an employer by which an employee is prevented from going to work. Also called “lay off”, suspension is a step taken in employee discipline, as punishment for some major offenses.
Donation of Real Properties to a Corporation | 29 July 2024
Every corporation incorporated under the Revised Corporation Code has the power and capacity, among others, to receive real and personal property, subject to the limitations prescribed by law and the constitution. (Section 35, par. g, R.A. No. 11232)
Substantial Compliance with the First-Written Notice | 28 July 2024
There is substantial compliance with the first-written notice as long as the primordial purpose of the notice to explain has been complied with. (Musahamat Workers Labor Union-1-ALU vs. Musahamat Farms, Inc., G.R. No. 240184, July 6, 2022)