Position Paper/ Memorandum
2 Re: Position Paper/ Memorandum on Thu Oct 11, 2012 12:06 pm
Mr. & Mrs. Mark Jimenez constructed an artificial lagoon in the compound of their rest house in Barangay Irawan, Puerto Princesa City. The lagoon is four feet deep with flowering plants around it. The couple visit the place only on weekends. Through the wide gate entrance, which is always open, the lagoon is visible and anyone could easily enter the premises. At about 9:00 o’clock in the morning of Tuesday, February 5, 2002, Maria’s daughter, Mary, a girl of 7 years old, while playing with and in the company of other children of her age entered the rest house premises and played around, took a bath in the lagoon, and while thus bathing, Mary drowned and died moments later.
Maria, the mother of Mary sued Mr. & Mrs. Jimenez for damages in the amount of P500,000.00 for the death of her daughter.
Mr. & Mrs. Mark Jimenez denied any liability and engaged your services to represent them in this case. Prepare a Position Paper/Memorandum for your clients. Discuss the applicable law/s and cases in point.
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