Principle Archive

Under the Wills Law, a devise or bequest can only be declared void if it contravenes a particular rule of customary law. A finding that one…

The burden is on the plaintiff to prove his case as averred in his pleadings.

If an innocent party has rendered services under a contract not fully performed and determined due to defendant's repudiatory breach, he may sue for damages or…

A legal practitioner must present a bill particularizing fees and charges, including perusing documents, conducting inquiries, drawing processes, court appearances with dates, work summary indicating difficulty,…

In compensating upon quantum meruit for services actually rendered, assessment must be based on particulars of the nature of work done to arrive at reasonable compensation,…

When there is a concluded binding contract, there is liability if it is terminated without justification. That would amount to a breach. There is an implied…

The effect of breach depends on whether the contract is indivisible (whole performance condition precedent) or divisible (partial performance binds pro tanto). The test is whether…

Res ipsa loquitur is not a rule of law but describes evidence from which negligence may be inferred. It is a rule of evidence affecting onus,…

Res ipsa loquitur means the accident's nature is more consistent with negligence by the defendant than other causes, making the accident prima facie evidence of negligence.…

Reliance on res ipsa loquitur is a confession that the plaintiff has no direct evidence of negligence. It will not apply where facts are equally consistent…

The doctrine of res ipsa loquitur comes into operation: (1) on proof of an unexplained occurrence; (2) when the occurrence would not have happened without somebody's…

Res ipsa loquitur merely shifts the burden of proof on a defendant. A defendant may escape liability by showing he was not at fault or the…