Antonio A.

Castillo

English for Specific Purpose

Activity 5

I. Law of Contract
a. A meeting of minds between two or more persons, where parties binds themselves with
respect to the other parties to give something or to render some service.

b. Contents of contracts would include express and implied terms, exemption clause, principles
of construction and interpretation.

c. A contract is discharge when the parties has completed its obligation either performance of
service, delivery of goods and by prestation.

d. For a contract to be valid it should be fair and free from vitiation of consent.

II. Jurisprudence

A. Society

1. Traditional

2. Statutes and roles

3. Social Groups

a. Primary group

1.1 Family
1.2 Friends
1.3 Peers

b. Secondary Groups

2.1 Schools
2.2 Work place
2.3 Social clubs

B. Concept of Law, Set of rules promulgated by a competent body vested with authority of the
sovereign that requires mandatory obedience of the citizens.

C. Theories as to the nature and function of law

 Nature of Law- According to the classical school of thought that there is a relation
between law and morality.

Function of law - Laws are created because it helps prevent chaos from happening within
the business environment and as well as society. In business law sets guide lines regarding
employment regulatory, compliance, even inter office regulations.

D. Main schools of jurisprudence

1. Natural law
2. Legal Positivism

E. Sources of law

1. The constitution
2. Customs
3. Treaties
4. Statutes
5. Ordinances
6. Supreme Court Decisions

F. The Judicial process

These are the rules of court in which the Supreme Court has the authority to create new
rules or to suspend it in order not to frustrate the ends of justice.

G. The structure and analysis of legal rules.

Art. 8, New civil code, Judicial decisions applying or interpreting the laws or the
constitution shall form part of the legal system of the Philippines.

H. Legal Concepts, personality, ownership, property and their changing function

An object of legal rights, which embraces possessions or wealth collectively, frequently

with strong connotations of individual ownership. In law the term refers to the complex
of jural relationships between and among persons with respect to things. The things may
be tangible, such as land or goods, or intangible, such as stocks and bonds, a patent, or
a copyright.

III. Conflict of Laws

A. Preliminary topics,

As part of the international community international laws forms part of the municipal
law, for as long it does not contrary to our Constitution.

B. Domicile Corporation- The country for which a corporation was incorporated

C. Marriage- According to the family code of the Philippines, marriage is a special contract of
permanent union between a man and a woman entered into accordance with law for the
establishment of conjugal and family life.

D. Children

Legitimacy- Natural child of married couples

Legitimation – the act or process, wherein the status of an illegitimate child has been
changed to legitimate child.

Adoption – Wherein a child who is not the biological offspring or may be of blood
relative of the petitioner may take the child and by law confer to them the right of
parenthood.

E. Jurisdiction and enforcement of foreign judgment:

As a member of the international community we abide by the rules of Jus Cogens, ruling
of international tribunal take precedence when the issue is of international concern.
Philippine municipal law will not apply to such jurisdiction.

F. Obligations: Contracts: (torts; quasi contract)

An act of negligence that caused damage to another, where there is no preexisting

relations with the parties.

G. Property relation

An object of legal rights, which embraces possessions or wealth collectively, frequently

with strong connotations of individual ownership. In law the term refers to the complex
of jural relationships between and among persons with respect to things. The things may
be tangible, such as land or goods, or intangible, such as stocks and bonds, a patent, or
a copyright.

H. Administration of estate and succession

The administration of estate may either be interstate or testate. The former were the
decedent did not leave a will and the latter the decedent executed a will. In the case of
the latter the will must be probate by the court to determine if the will maybe allowed or
not. If there is no will, the probate court will appoint a qualified administrator, the
compulsory heirs of the decedent will not be deprive of their inheritance, and the
assigned legatees and devisee are subject to the free portion of the estate.

I. Substance and procedure

 When referring to substance it actually means the law itself, and procedure would
constitute the process. Among the two substance is more important as the procedure
may be relax at the discretion of the court.

J. Exclusion of foreign laws, public policy

With regards to jurisdiction, issues that are tried in the country are subject to Philippine
laws.
Activity 8

a. Declarers - people that reveals some thing in court.

b. Aspect – a particular part or feature of something
c. Solemnity – the state or quality of being serious and dignified
d. Misleading – A state of redirecting or deceiving someone.
e. Enacted- A declaring something in effect
f. Unenacted – Something that has been declared in operational
g. Law reports – Sources of law updates and jurisprudence
h. Formal enactments - The enactment of a law is the process in a parliament or other law-making
body by which the law is agreed upon and made official.
i. Set – to schedule an event
j. Codified – to arrange in a sequential order
k. Preponderate over- to be greater.
l. Predominant – Very noticeable, very visible
m. Legislative enactment – An act performed by the legislature.
n. Sale of goods – The act of placing a thing for procurement of others
o. Partnership- When two or more people bind themselves together, to contribute funds and
industry in a pool for to make profit, with an intention of sharing the proceeds either equally or
proportionate to their contribution
p. Casts-A thing that is used to mold something
q. Statutes- a written law passed by a legislative body
r. Wholesale Codification – The process of incorporating laws in a codex.