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Law A rule of civil conduct prescribed by the supreme power in a state commanding what is right and prohibiting what

t is wrong. Legal Aspect 1. Civil Law 2. Criminal Law 3. Administrative Law Contract it is a meeting of minds between two or more parties whereby one party binds himself with respect to the other, or where both parties bind themselves reciprocally, in favor of one another, to fulfill a prestation to give, to do or not to do. Requisites of a contract Two or more person must participate Consent Object of matter specified Cause of obligation is established Contracting parties must have the legal capacity in entering a consent Types of contracts: 1. Formal contracts those which cannot be perforated without the compliance with the special formalities required by the law such as donations and mortgages of real property. 2. Informal contracts result of a written document or correspondence where the law does not require special formalities 3. Express contract those contracts where the consent of the parties is given expressly in writing or verbally 4. Implied contract those contracts where the consent of the parties is not given expressly but is deducible from the conduct or acts of the parties such as implied agency Classification of Defective Contracts 1. Voidable/Annullable contract Those where the consent of one party is defective either because of incapacity to give consent, or where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud 2. Void/Inexistence contract Those which produce no legal effect for they do not exist in the eyes of the law 3. Unenforceable contract Those which cannot be enforces in the court because of the existence of any of the following reasons: They were entered into in the behalf of another without authority or in excess of authority. There is non-compliance with the statue of frauds Both contracting parties are incapacitated

4. Rescissible contract Those validly entered into by the contracting parties, but for having caused economic damage or lesion to one party or to a third party or for having been entered into a fraud or creditors, or without knowledge and approval of the judicial authority Breach of Contract Prevention of performance Failure to perform because of inconvenience or difficulty Abandonment of duty CRIMINAL LAW Felonies acts or omission punishable by the Revised Penal Code Legal Maxim Nullum crimen, nulla poena sine lege Classification of Felonies, according to means by which they are committed 1. Intentional felonies deceit (Dolo) 2. Culpable felonies fault (Culpa) Requisites of Dolo and Culpa

Felonies Classes of felonies: A. Consummated all elements necessary for its execution and accomplishment are present B. Frustrated performs all the acts of execution but do not produce it by reason of causes independent of the will of the prepetrator. C. Attempted does not perform all the acts or execution which shall produce the felony. Stages of Felonies

Classification of persons criminally liable Principals is the chief actor or prepetrator of a crime; those who aid, abet, counsel, command, or induce the commission of a crime Accomplices may assist or encourage the principal offender with the intent to have the crime committed, the same as the chief actor. An accomplices may or may not be present when the crime is actually committed Accessories one who is guilty or complicity in crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed Circumstances affecting criminal liability J Ustifying Self-defense o Unlawful aggression o Reasonable necessity o Lack of sufficient provocation Fulfillment of duty Obedience to an order from superior o Order must be lawful o Superior acting within the scope of practice E Xempting Insane/imbecile Performance of a lawful act causes injury by mere accident Under 9y/o Under compulsion of uncontrollable force Under impulse of uncontrollable fear Failure to perform an act required by law when prevented by some lawful cause M Itigating Under 19y/o or over 70y/o No intention to commit so grave a wrong Sufficient provocation/threat preceding the act Immediate vindication of a grave offense Voluntary surrender Deaf & dumb with physical defect Suffer from such illness that diminishes willpower A Ggravating Treachery/talking advantage of superior strength or position Price, reward, promise Use of fire, poison, explosion

Calamities Craft, fraud or disguise employed Evident premeditation Cruelty A Lternative May increase /decrease criminal liability depending on the nature and effects of the crime Relationship Intoxication Degree of instruction/education

Tort

Is a private or civil wrong or injury, including action for bad faith, breach of contract, for which the court will provide a remedy in the form of an action for damages. A tort can be: the failure to comply to a duty, the failure to perform a duty that leads to harm of another person

Intentional torts Assault and Battery: o Assault imminent threat of harmful or offensive bodily contact. o Battery an intentional, unconsented touching of another person Unintentional torts Professional negligence commission or omission of an act, pursuant to duty, that a reasonably prudent in the same or similar circumstance would not do, and acting on the non-acting of which is proximate cause of injury to another person or his property. Malpractice A negligent act, committed by person in professional capacity; a form of negligent in which any professional misconduct, unreasonable lack of professional skill. Incompetence Lack of ability, legal qualifications or fitness to discharge the required duty. This is ground for revocation or suspension of the certificate of registration. Doctrine of res ipsa loquitor Is a common law theory on the use of circumstantial evidence in tort liability in a negligence theory. The term comes from Latin and means the thing itself speaks, but is more often translated the thing speaks itself.

Doctrine of Respondeat Superior Latin: let the master answer Is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within in the course of their employment. This rule is also called the MasterServant Rule. Doctrine of Force Majeure Means an irresistible force, one that is unforeseen or inevitable Examples: flood, earthquake, fire and accidents.

Ethics is a system of moral rules and principles that becomes the standard for professional conduct. Ethical Principles: Autonomy persons right to make ones decision. Respect for others acknowledge the right of individuals to make decisions and live by those decisions. Beneficence addresses the idea that the persons actions benefits the clients and his family Fidelity involves keeping promises and agreements Veracity the principle that says people should always say the complete truth Non-maleficence the belief that a medical professional should cause no harm Justice treating people equally and fairly

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