CONTRACTS !

ARE THEY REALLY BORING

AND DIFFICULT TO UNDERSTAND
 TARGET?
Be aware of Legal Knowledge as used in the English
Language ( Lingua Franca )
Sharpen 4 Legally Functional Communicative Skills
Develop the confidence to translate your local
legal expertise to use in an international setting
CONTRACTS
A lesson prepared by

Attorney Leo Mari Mas

Legal Writing

Confident Argumentation
I believe that your client has no legal
right under the law.

He signed a contract with our

company and he violated the
provisions on the non compete
agreement.

For this reason I will sue him for

damages.
WHAT IS
REALLY A
CONTRACT?
Is this a contract?
CASE STUDY AND ARGUMENTATION
Mr. UG LY is a passenger of January 6, 2015
8:00 am

January 6, 2015
10:00 pm
ABC & Associates DEF & Associates
Counsel for Mr. UG LY Counsel for China Airlines
Who are you in court Who are you in court
?____________________ ?____________________

Claims / Allegations Defenses

A contract is a meetings of minds between two or more
persons over a subject matter ( to give, do or not to do )
that creates legally enforceable rights between the
contracting parties
 The LAW on Contracts
A. Elements of a Contract

 Parties
( Nomenclature and
Capacity )
 Consent
(Offer/Acceptance Duress / Fraud
)
 Consideration/ Prestation

B. Principles of Law

 Contract Provision As Laws

 Plain Meaning Rule
 Best Evidence Rule
 Parole Evidence Rule
 Contract of Adhesion
 Privity of Contract
 Viet Fly Company Ltd and China GrabLand
Company are owners of China Airlines

VietFly company wants to assign its rights of

ownership to Crash Company

Mr. Ugly gets a

Accident
Insurance with a
coverage of 1
million dollars

The beneficiary of the contract is the sister of

Mr. Ugly . If something happens to Mr. Ug Ly
And the insurance doesn’t pay, Can Mr. Ug
Ly’s cousin sue the insurer.
Relevant Principles and Terms :

Novation
Enforceable
Void
Voidable
Unenforceable
Understanding the what
really goes on in TRIAL?
 Body of Information that can prove
and disprove an allegation

What is your duty as a lawyer as far as evidence is concerned ?

To make your Evidence ADMISSIBLE and

to make the Evidence of the Opposing
Party INADMISSIBLE
Types of evidence
There are a number of different types of evidence:

Testimony - the oral statement of a witness made on

oath in open court and put forward as evidence of Documentary evidence - this consists of
the truth of what he or she says. documents which have been produced for
inspection by the court. These may be items of
Real evidence - this is usually a material object of real evidence, original evidence or hearsay.
some kind, which is produced for inspection, either to
prove that it exists, or so that the court can make an
inference as to its condition or value, for example
ripped clothing, a knife or burnt document.

Hearsay evidence - when a witness, or someone

else, makes a statement other than in the course of
their testimony, this is referred to as an ‘out of court
statement.’ Hearsay evidence is an out of court
statement which is being relied upon to prove the
truth of its contents.
Principles and Terms in Relation to Evidence

Weight of Evidence

Quantum of Evidence
Proffer of Evidence
Required
Examination of Witness
Criminal
Burden of Proof
Civil
Privileged Communication
Perjured Witness
Adduce Evidence
Discredit the witness
Corroborate
Legal Precedent
Marking of Evidence
Breach of Contract
Opposition to Evidence
Confidentiality Agreement
Formal Offer of Evidence
Vocabulary Work and Content
Understanding

NOVATION

1. Give right CONFER

2. Stipulated / Proscribed
3. Penalty : imposed /meted
4. Delegate / Convey
5. Comply / Breach
5. Right of first Refusal
Case Preparation

Factual Assessment
Investigation ( Client and external Sources)
Developing evidence ( kinds of evidence )
Research applicable precedents and case laws and jurirprudence
Developing the argument
SPEAKING
ABOUT
CONTRACTS
 Law on
Employment
MS. HUONG is the Manager of KFC and she
gets the services of Viet who owns 4
motorbikes. She told Viet that she will pay
Viet and his friends that he can ask to drive
the 3 other motorbikes to deliver KFC
Products. She will pay them 3 million per
motorbike driver each month. After 6
months, Ms. Huong stopped giving delivery ABC LAW FIRM vs. DEF LAW FIRM
schedule to Viet as she found a cheaper
service somewhere else. Viet wants to sue TERMINATION DISPUTE
KFC.
 RIGHT TO HIRE
Legal Synonyms

RIGHT TO FIRE
FOLD
Legal Synonyms

TEST
PAYMENT OF WAGES
Result/Behavior

CONTROL Finance
 So who will win the case KFC or Viet et al ?

Principles involved :
1.4 Fold Test
VERSUS
2.Independent Contractor
3.Circumvention of Law
4.Security to Tenure
5.Labor Only Contracting
6.Constructive Dismissal
IT IS A MATTER OF EVIDENCE
General Manager
SECURITY OF TENURE

an employee cannot
be dismissed from the
service for causes other
than those provided by
law and only after due
process is accorded
the employee
 The rudiments of due process cannot
be lightly ignored. Proper compliance
with the twin requirements of notice and
DUE hearing are conditions sine qua non
before a dismissal may be validly
PROCESS effected. Pepsi-Cola Bottling Co. v.
NLRC.

Basic in International Legal Concept : the employer must furnish the

worker sought to be dismissed with two (2) written notices before
termination of employment can be legally effected: (1) notice which
apprises the employee of the particular acts or omissions for which his
dismissal is sought; and (2) the subsequent notice which informs the
employee of the employer’s decision to dismiss him

MS. HUONG is the Manager of
KFC and she gets the services of
Viet who owns 4 motorbikes. he
told Viet that she will pay Viet
and his friends that he can ask to
drive the 3 other motorbikes to
deliver KFC Products. She will
pay them 3 million per motorbike
driver each month. After 6
months, Ms. Huong stopped
giving delivery schedule to Viet
as she found a cheaper service
somewhere else. Viet wants to
sue KFC.
Examples of serious breaches of contract by an
employer include:
unilaterally cutting your pay (including overtime and
fringe benefits) or failing to pay you; ( NON-DIM-BEN)
arbitrarily demoting you to a lesser role without
reason;
changing your job description/duties, working hours
or place of work without your agreement;
threatening to dismiss you if you do not agree to
accept changes to your employment terms and
conditions;
making it impossible for you to do your job
effectively or making you useless
failing to give you reasonable support to carry out
your job without disruption, harassment, or bullying
from fellow workers;
forcing you to work in conditions where health and
safety regulations are ignored;
INDEPENDENT CONTRACTOR VS. LABOR ONLY CONTRACTING

Has an independent
Business
Has expertise and
capitalization

VICARIOUS LIABILITY OF EMPLOYERS

Relevant Terms to Know :

Cause of Action
Merit
Relief Sought
Relief Granted ?
WAYS OF CESSATION OF EMPLOYMENT

1.Resignation
2.End of Contract
3.Termination for Cause
4.Lay Off (
downsizing/retrencement )
5.Retirement
6.Death
7.Disability Non Compete
Agreement
8.Closure
9.Merger
10.Redundancy
Types of Employees
According to Tenure
Permanent
Probationary
Contractual/ Per Piece
Casual
Fixed Term

According to Status
Managerial
Supervisory
Rank and File
Self employed
 Legal Principles Involved

A. Non Diminution of Benefits

B. Under time Not Offset by Overtime
C. Confidentiality Clause
D. Night Shift Differential 10% per hour
E. Service Incentive Leave
F. 13th Month Pay
G.Gratuity / allowances/Bonus ( ex gratia )
H. Compensable Time
I. Contract of Adhesion
LIFE PROCESS IN LABOR DISPUTE

Request for Certification Election ( Union

Busting )

Unionize and Collective Bargaining

Deadlock
Conciliation Meeting & Arbitration
Strike
Lock Out