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 Ethan
 Legal Skills
Spea
king

Le ga l Ana l ysRiesas o ning

Legal Writing
fr e a d in g
Legal Termino Proo
logies /
Vocabulary
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 the truth of what he Documentary evidence - this consists of documents
or she says. which have been produced for inspection by the court.
These may be items of real evidence, original evidence
Real evidence - this is usually a material object of some kind, or hearsay.
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 Required

Proffer of Evidence
Criminal
Examination of Witness
Civil
Burden of Proof
Privileged Communication
Adduce Evidence
Perjured Witness
Corroborate
Discredit the witness
Marking of Evidence
Legal Precedent
Opposition to Evidence
Breach of Contract
Formal Offer of Evidence
Confidentiality Agreement
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
CONTRACT
S
 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 schedule to Viet as she found a ABC LAW FIRM vs. DEF LAW
cheaper service somewhere else. Viet wants to FIRM
sue KFC. TERMINATION
 RIGHT TO HIRE
Legal Synonyms

RIGHT TO
FOLD FIRE
Legal Synonyms
TEST
PAYMENT OF WAGES
Result/Behavior

CONTRO Finance
L
 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
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 hearing are
DUE conditions sine qua non before a dismissal
may be validly effected. Pepsi-Cola Bottling
PROCESS 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