Beruflich Dokumente
Kultur Dokumente
Table of Contents 1
Memorandum Proper 3
Prefatory Statement 3
Issues 5
Prayer 10
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List of Cases Cited:
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MEMORANDUM PROPER
ABC CORPORATION,
Plaintiff,
Civil Case No. 12532
-versus-
For: Breach of Contract
JADINE REYES,
Defendant.
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Plaintiff, through counsel, most respectfully alleges:
Prefatory Statement
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Statement of the Facts for the Plaintiff
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on an earlier date, on the 5th of the month, as suggested by the
plaintiff.
Sometime in December 2013, plaintiff found out that the
defendant is already employed with their competitor and rival
television show, CHINA 168 NETWORK. Defendant occupies a
similar position as her previous role in LUCKY CHINATOWN TV. To
the plaintiff’s dismay, the marketing strategies of CHINA 168
NETWORK, as shown in the content of the episodes as well as its
Facebook posts, were strikingly similar to that of LUCKY
CHINATOWN TV. According to the plaintiff, these obvious similarities
include the following:
a. CHINA 168 NETWORK featured segments, which are
exactly similar to what defendant REYES produced for
plaintiff ABC Corporation such as Denise Yu, Daryl Joy
Soon, Pretty Looks, iHop, CPK, Hobbit Inc., among others;
b. CHINA 168 NETWORK did not have episodic plugs prior to
defendant REYES’ employment with them. This is a unique
marketing strategy of LUCKY CHINATOWN TV;
c. The format of CHINA 168 NETWORK’s episodic plug is
exactly the same as LUCKY CHINATOWN TV.
These are clear violations of the paragraph F stipulated in the
defendant’s contract of employment with the plaintiff. Hence, the
latter sent demand letters to the defendant to immediately cease and
desist from sharing confidential information of LUCKY CHINATOWN
TV to anyone, especially to her current employer, CHINA 168
NETWORK. Despite this action taken by the plaintiff, the defendant
allegedly continued to disclose such confidential information referred
to by the former. Thus, averring that the defendant blatantly
disregarded the provisions of her contract and repeatedly violated the
Confidentiality Clause by disclosing confidential information,
specifically their marketing strategies, to its direct competitor and rival
show, the plaintiff filed an instant case for breach of contract against
the defendant.
Hence, the filing of the instant memorandum.
Issues
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1. Whether or not information referred to as confidential in
nature has been revealed by the defendant to plaintiff’s rival
company.
2. Whether or not there is a breach of contract.
3. Whether or not defendant is liable.
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property are intimately connected with economic
development. The protection of industrial property encourages
investments in new ideas and inventions and stimulates
creative efforts for the satisfaction of human needs. It speeds
up transfer of technology and industrialization, and thereby
bring about social and economic progress. Verily, the
protection of industrial secrets is inextricably linked to the
advancement of our economy and fosters healthy competition
in trade.
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In culpa contractual x x x the mere proof of the existence of
the contract and the failure of its compliance justify, prima
facie, a corresponding right of relief. The law, recognizing the
obligatory force of contracts, will not permit a party to be set
free from liability for any kind of misperformance of the
contractual undertaking or a contravention of the tenor
thereof. A breach upon the contract confers upon the injured
party a valid cause for recovering that which may have been
lost or suffered. x x x Indeed, agreements can accomplish
little, either for their makers or for society, unless they are
made the basis for action. The effect of every infraction is to
create a new duty, that is, to make RECOMPENSE to the one
who has been injured by the failure of another to observe his
contractual obligation unless he can show extenuating
circumstances, like proof of his exercise of due diligence x
x x or of the attendance of fortuitous event, to excuse him
from his ensuing liability. (emphasis and underscoring in the
original; capitalization supplied)
3. Defendant is liable.
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Moral damages are not awarded as a matter of right but
only after the party claiming it proved that the breach was due
to fraud or bad faith. As this court stated:
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which can be inferred from one’s conduct and/or
contemporaneous statements. (Emphasis supplied)
Prayer
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Plaintiff likewise prays for costs and for such other further relief
as this Honorable Court may deem just and equitable in the
premises.
Respectfully submitted.
By:
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