means that since the deceased was under the influence of alcohol at the time that he signed over the deed that this contract should be null and void. The deceased lacked the mental capacity to make this type of decision. Therefore this contract is not legal. Conclusion In this case the court ruled in favor of the plaintiff. It was concluded that the defendant obtained the deceased signature while he was intoxicated which deeply impaired his mental capacity to make such a decision‚ therefore it was ruled
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G.R. 166738 August 14‚ 2009 Rowena Padilla-Rumbaua‚ petitioner vs Edward Rumbaua- respondent Facts: The petitioner‚ petition to declare for the nullification of marriage against the respondent for the ground of psychological incapacitated to exercise essential obligations as shown by the following circumstances‚ the respondent was reneged on the promise to live in one roof after finding a job‚ failed to extend financial support to the petitioner‚ blaming the petitioner for the death of the
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MEMORANDUM OF LAW To: Brenda Young‚ Supervising Attorney From: Steven Carp ‚ Legal Assistant Date: September 26‚ 2012 Re: Enforcement of non-competition agreement against Brett Young I.QUESTIONS PRESENTED Whether the restrictive covenant is enforceable against Brett Young for working with a competitor of Finance R Us. II. SHORT ANSWER: No‚ the covenant is not enforceable against Brett Young for leaving Finance R Us and working for Titles Unlimited when the III. STATEMENT
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Citation: Babine v. Gilley’s Bronco Shop‚ Inc. District Court of Appeal of Florida‚ First District May 13‚ 1986 Facts: The appellant‚ Michael P. Babine brought suit against Gilley’s Bronco Shop‚ Inc. damages from injuries sustained at Kevin’s West‚ Inc. a nightclub‚ where he was thrown off the mechanical bull “El Toro”. The mechanical bull was sold to Kevin’s from Gilley’s. Gilley’s purchased it from another party. The purpose of the mechanical bull was for training rodeo cowboys. The appellant
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SEMINAR II The first legal issue relates to the nature of Ferox Co. The relationship between Alex‚ Brian‚ Christina and Sally also need to be clarified in legal terms as well as the relationship of Dominic and the firm at each stage. The second issue is who the persons liable for the first £50‚000 debt and the second £50‚000 from Emily. The third issue deals with the £30‚000 that Dominic borrowed from Francis and the responsible parties who are liable for it. The fourth issue revolves around whether
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CROSS EXAMINATION The party who calls a witness examines the witness with a view to adducing evidence in proof of his case and this is what is referred to as examination in chief covered at S. 145(1) thereafter the adverse party has a right to examine that witness. If the adverse party exercises that right‚ the examination is referred to as cross-examination Section 145(2). Cross examination is a fundamental right not a privilege and if a person is denied the right‚ the denial can vitiate the
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CHAPTER 4 Legal Liability Of CPAs Review Questions 4-1 There are several reasons why the potential legal liability of CPAs for professional "malpractice" exceeds that of physicians and other professionals. One reason is the vast number of people who may sustain damages. If a physician or attorney commits a serious error‚ the number of injured parties generally is limited to one individual patient or client. When a CPA’s report is in error‚ literally millions of investors
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Commonwealth‚ 189 Va. 900‚ 55 S.E. 2d 9 (1949). In this case‚ the petitioner wife was called to testify against the respondent husband during their legal separation. The Courts are clear that the marriage exists until final termination and is viewed as a marriage until such date. In Menefee‚ supra‚ the Virginia Supreme Court interpreted the term “communication” to include all information or knowledge privately imparted and made known by one spouse to the other by virtue of and in consequence
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To: Senior Partner From: Paralegal Re: Natalie Attired Legal Memorandum #12345 Date: April 10‚ 2012 Issues 1. Was Natalie’s Tattoo really going to cause the “more mature” clientele to be “appalled and disgusted” and wanting to be waited on by another waitress? 2. Does Ms. Baker have anything in writing at the time of her firing Ms. Attired? 3. Was Natalie Attired’s unemployment benefits rightfully terminated? Brief answers 1. According to Ms. Baker‚ Natalie’s tattoo would lead to a decline
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the same kind‚ class or nature and is known as the class rule. Under this rule‚ the broad‚ general word is limited to the same class as the more specific words preceding it. Under subsidiary legislation (pg. 23): Ultra vires: Beyond one’s legal power or authority. Under Unwritten Law (English Law) (pg. 24): Inter alia: Among other things. Lex non cogit impossibilia: The law does not compel a man to do that which is impossible. /The law requires nothing impossible. Case law or precedent
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