OBLIGATIONS & CONTRACTS
Introduction to Law and Obligations
Society and the Need for Lawyers
Karl Llewellyn has once said: "Law begins when someone takes to
doing something someone else does not like." | No civilized society
‘can.exist or long endure without law for there must perforce be law
and order if people comprising that ‘society have to live in peace
and not in chaos and.confusion..
tion of law therefore is the lordering of society. Laws »
is oblige It also provides us with the means
by which they may be redressed or enforced in the courts of law.
However, due to the complexities brought by modernization, our
laws have become too many, so technical and beyond* fhe
understanding of ordinary members of society. Hence, before laws
can: be a means of social control, a good number of us must
receive special training in the law and be made familiar with the
complexities of the procedure ‘of enforcing rights and obligations in
courts of law — in short, the néed for persons knowledgeable in the
laws.
Business and the Law
It is offen said that anyone who|want to-stay rich mus Liways have
in his employ ja very good k id a skillful lawyer, The need for
a successful collaboration between the one who provides the ways
and means of making more_money and the-one_who. insulates. the
entity from losing all the y gained, in some instances, in just a
fraction of the time used in accumulating the same, could not be
overemphasized.
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Hence, anyone who sées the wisdom behind prevention rather
than cure would easily see the importance of acquiring a sound
Junderstanding of the laws regulating the juridical relations arising
from acts of commerce in addition to just learning business skills and
acumen. Such familiarization with the pertinent and relevant laws
\will-at the very least, shorten the learning curve in terms of making
the marketing, management, financial and accounting experts
conversant with the lawyer, with whom he would most offen be
interacting.
Definition of Law
1, In its broadest sense
paw in its general sense eee is defined as any rule of
brute creatures, be if animate or inanimate.
2. Inits specific sense
3. In the English Language
The word “law” in the English language refers to both the sum of
all legal r rules)(ius, droit, diritto, derecho, Recht) and the express
rule laid down by legislative authority (lex; loi, legge, ley, Gesetz).
4. Inthe study of Ethics
As defined by St. Thomas Aquinas, it is an ordinance. of.
Season, promulgated ‘or the common go ¢ ir
down by him who has the caré and welf o
community, and made public by those in authority to those who
are subject to it,
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Laws and Morals
Morals is the aggregate of all the rules of human conduct growing
out of the collective sense of fight and wrong)in. the community.
¥ Morality is that quality of human acts which leads us to call some of
them good and some evil.
Through the constant interaction of the people with conflicting
wants and desires, standards of what is good and bad are
established. Eventually.a-society with its own system of morality,
» given you anything in exchange for that promise. However, an
agreement to buy your friend a ficket to the Valentine's Day
concert of Martin Nievera in exchange for your friend's repairing
your leaking faucet would be legally enforceable. In this case,
there has been an exchange of value that binds each party to the
other, hence, a contract is created. :
To be enforceable, an agreement must conform to the law of
2 contracts. The courts have -never been agreeable fo the
< enforcement of social agreements such as dinner engagements,
agreements to date or to mary one another, or. to live together
without the benefit of a marriage contract,
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