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Breach of Contract

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1 Breach of Contract on Tue Aug 26, 2014 12:08 pm

giekuletz


Arresto Menor
Hi, I signed a 4-year contract relative to the Financial educational assistance granted to me for the Board review. It is stipulated there that if I passed the Board, the expenses plus any liquidated damages I incurred during the review will be free but I have to stay for 4 years. In case that I will not finished the lock in period, I have to pay the expenses plus liquidated damages. I signed the contract after I passed the board, not the time I started going to review school, and the contract was not yet notarized. My question is, when will the effectivity of the contract takes effect?...Is it the signing date or the date it is supposed to be notarized?..Another question is, what does the clause "any liquidated damages" means?, What charges would they charged me...

I hope you can help me...Thank you and more powers.

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2 Re: Breach of Contract on Tue Aug 26, 2014 1:13 pm

attyesc


Reclusion Temporal
the contract took effect when you signed it.

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3 Re: Breach of Contract on Tue Aug 26, 2014 1:46 pm

giekuletz


Arresto Menor
does being not notarized affects the validity of the contract?

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4 Re: Breach of Contract on Tue Aug 26, 2014 1:51 pm

attyesc


Reclusion Temporal
notarization is for the purpose of binding third persons. as between you and your employer, the contract is valid the moment you signed it.

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5 Re: Breach of Contract on Tue Aug 26, 2014 2:04 pm

giekuletz


Arresto Menor
regarding the clause "plus any liquidated damages", as stipulated in the contract, what monetary charges could they charged against me, aside from the agreed review expenses and the salary I received during the review period in which I am not going to work.

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6 Re: Breach of Contract on Tue Aug 26, 2014 2:29 pm

attyesc


Reclusion Temporal
liquidated damages are those agreed upon by the parties. tingnan mo sa contract kung may nakasulat na amount.

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7 Re: Breach of Contract on Tue Aug 26, 2014 2:47 pm

giekuletz


Arresto Menor
wala pong amount na nakasulat, ang napag-usapan po nmin ay yung compensation na tinatanggap ko habang nagrereview ako na hindi ako pumapasok sa trabaho, ang nakalagay lang po sa contract ay yung clause na "any liquidated damages"

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8 Re: Breach of Contract on Tue Aug 26, 2014 2:55 pm

attyesc


Reclusion Temporal
kung walang nakasulat na amount, actual damages ang pwedeng ipabayad sayo. pero unlike liquidated damages (which may be demanded even without proof) kailangan ng proof ng actual damages. kaya wag ka basta-basta magbabayad ng wala silang evidences ng actual damages.

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9 Re: Breach of Contract on Tue Aug 26, 2014 3:33 pm

giekuletz


Arresto Menor
liquidated damages po ang nakalagay sa contract. ano po kayang pwedeng defense ko in case na singilin ako other that the review expenses at salaries...

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10 Re: Breach of Contract on Tue Aug 26, 2014 3:53 pm

attyesc


Reclusion Temporal
ipacompute mo muna lahat ng babayaran mo. sabihin mo bigyan ka ng breakdown. kung naglagay ng amount sa liquidated damages, itanong mo kung anong basis kasi wala naman sa contract.

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11 Re: Breach of Contract on Tue Aug 26, 2014 5:21 pm

giekuletz


Arresto Menor
pwede ko po ba ipaconvert as loan yung mga expenses sa akin during the lock in period?...

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12 Re: Breach of Contract on Tue Aug 26, 2014 6:48 pm

attyesc


Reclusion Temporal
really depends on your employer kung papayag. makiusap ka.

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13 Re: Breach of Contract on Wed Aug 27, 2014 9:13 am

giekuletz


Arresto Menor
halimbawa po nakabayad na po ako, at magreresign na ako, pwede pa po ba nilang dagdagan yung charges nila sa akin during the transition and clearance period?

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14 Re: Breach of Contract on Wed Aug 27, 2014 9:37 am

attyesc


Reclusion Temporal
kung fully paid na, wala ng basis ang charges. kung papayag sila sa installment, may charges yun until paid in full. depende sa mapagusapan nyo.

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15 Re: Breach of Contract on Wed Aug 27, 2014 10:33 am

giekuletz


Arresto Menor
kung dadagdagan po nila, pero fully paid ko na, may laban po ba ako na magreklamo?

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16 Re: Breach of Contract on Wed Aug 27, 2014 11:15 am

attyesc


Reclusion Temporal
yes.

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17 Re: Breach of Contract on Wed Aug 27, 2014 2:09 pm

giekuletz


Arresto Menor
magaling po abogado ng kompanya, tapos wala po ako abogado, paano po ako magkakaroon ng laban dun?

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18 Re: Breach of Contract on Wed Aug 27, 2014 2:51 pm

attyesc


Reclusion Temporal
kung magaling yan, im sure alam nya ang batas. so wala kang dapat ipagalala.

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19 Re: Breach of Contract on Wed Aug 27, 2014 3:30 pm

giekuletz


Arresto Menor
actually, I want to consult the whole contract so that I will know my rights, but di ko po alam kung kanino...

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20 Re: Breach of Contract on Thu Aug 28, 2014 5:01 pm

zel1813


Arresto Menor
For example po, may isang ordinary landscaper na idinemanda ng breach of contract ng isang autoparts company dahil sa nagkaroon ng accident, 2hrs.power interruption due to damaged power suppy, dahil sa sumabit ung tinatanggal na flag pole sa cable wire ng meralco na nagresult ng 2hrs.stop production, 1.2 million ang hinihingi for the damages. Paano po kung wala naman kakayahan bayaran ung ganun kalaking halaga, ano po ba ang pwede gawin, may iba pa ba solusyon, may laban po ba?

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21 Re: Breach of Contract Today at 10:21 pm

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