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Unjust Enrichment

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1 Unjust Enrichment on Mon Oct 25, 2010 12:20 pm


Arresto Menor
Art. 22. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him,

"A" company send JOHN to training worth 250k pesos for several months let say 7 months.

-JOHN sign a service agreement/contract for 8 years.
-JOhn wish to resign after 5 years ( 3 years more to complete the contract)
-"A" company insist to finish contract or pay the TOTAL amount of TRAining.
-"A" company publicly says that due to the said TRAINING your SALARY is lesser compares to salary abroad.
can we say now that JOHN and "A" company is EVEN (WITHOUT COMPLETING THE CONTRACT). or a good argument to ART 22.
current salary of John 20k while offer abroad an average of 80k.

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2 Re: Unjust Enrichment on Wed Oct 27, 2010 12:31 am


is this training really worth 250k?

if john resigned and a sued for damages, i think the amount should at least be reduced proportionally. too many factors to consider whether they should be called even.

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