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    15 views2 pages

    2015 Mison Oblicon Finals

    Uploaded by

    bobbyricky
    sADFASDFD

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 2
    FINAL EXAMINATION sy 2014-15, ATENEO DE MANILA Law SCHOOL RACTS, OBLIGATIONS AND Cont! EXPLAIN. fllfereamy nes eee Me egreat the 1692) 29d the factual bases for your answer to receive Not make assumptions, THINK BEFORE you waire. Tnmase Issues relevant to the question, Do ATTY. SIEGFRED B MISON a You May Keep QUESTIONNAIRE THE TALENT: Victoria, @ talent scout and man2$*": Spotted and discovered a 16-year- i ecvancia scout and ma sd a 16-year-old Valeria She was shopping inside a mai’ More than 10 years ago. In her teens, Val ae satel nc , Valeria Valeraaaee Boency 2nd Marketing Agreeméat (AMA) with Victoria who! new fully well-that, Of any and ail re Tocchue eeeeemenG Hot H writing stipulated that VietoMa would gel Z00 Victory nd aleria participated os o tone ances/events (even those not negotiated by lent. In exch; shows and performances, uerg Ren Cae nt: In exchange, Victoria will promote Val in al Grains: | 9 her vast network in, tri-emedia and. corporate marketing Rate 1. Maria, the mother of vise git eS téd-in the preparation of AMA. However, only Victoria and Val agreed to the terms and Contitions of the unwritten AMA vere a a. What are the contracts covered under the Statute of Frauds? (5) b. How would your characterize the AMA (valid, id, voidable, unenforceable, etc)? (5) what will be its effect on the AMA? (5) 4. Citing Sefainesd.in the agreement, can Maria, the mother of Val, who however participated in_she negotiations for the AMA assail the agreement and file an action to enforce of rescind the unwritten contract? (5) Sore e hat are 0 (5) » 2. After more than 8 years, AMA was irf full force and effect as Victoria managed to negotiate for and on behalf of Valeria several TV shows, sponsorship agreements, and other out-of-town hosting and singing gigs. During the entire relationship, Victoria's daughter, Katrina helped Victoria in securing these events. a. Being a successor-in-interest, can Katrina perform the obligations of Victoria unilaterally, without the express consent of Val? (5) pp fytiwrvizahin b. Now semi-retired in the business, Victoria endorsed and informally told Val that Katrina will be her “alter ego”, such that whatever Katrina does, it is as if Victoria did it, Is the AMA properly novated? (5) “ We (5) characteristics or features of any contract? Briefly discuss each CO C Molt 7 3. In one engagement more than 5 years aap, Val thought she was going to simply host a charity event based on the event organizers dislike of Val. Neverths y she didn’t want to disappoint the audience {put not the organizers) / ae able sing, The organizers a!so prescribed a certain wardrobe much to representa’ ‘ef Katrina. During the event, Val was forced by e Val sang and wore the attire as dictated by the organizers since Ul a. In a suit filed by Val against Katrina, sne was seeking damages since she performed activities pri S presumably beyond what was agreed upon as per Katrina's representations. b, What is Katrina's best defense, if any? 5) fo th)« ue? €. What is the difference between prescription and laches? (5) d. What are the requisites for a i arty ¢valeria; esto in hee ea party ( ) to ung, ssiogpe! a egninst another a Cio 2 Pees Ft it was contained e. Katrina convinced Val to accept this hosting 9! ‘and merely passed it to Val. this will just be a purel ince ly hosting event 5" ihe oranizers. Katrina however failed to verify the offer "an Katrina be estopped under these circumstances? (5) 4 peed though tte business and the relationship were both flourishing, Val sought to get out of AA NGE| = is ied with the current services provided by Victoria, Maria, the mother of Val, Gonvinced Val to terminate the AMA. Maria talked to another agent Boy $0 val can get more posure both in print and TV media. Boy ana Val agreed to have a contract where Boy can book singing and hosti for Val in exch 4 * ine 8 : ing gigs for Val in exchange for a 10% commission. gt pov] . What are the requisites for contr: o \ ‘ a ‘actual or tortious interference? (5) (oleae b. Victoria cried foul and sued Val, Boy, and Maria. Who is liable for contractual interference, if any? (5) (5) *K c. If you were the judge, decide the case where Val sought to terminats POST VICTORIA TRANSACTIONS: Boy did wonders to the cars he managed to get minimize tax_pi Val was advised to ate endorsements from big companies. To /minimiz

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