CIVIL LAW:MEETING
OF THE MINDS IN A CONTRACT OF SALE
The meeting of the minds in a contract speaks of the intent
of the parties in entering into the contract respecting the subject matter
and the consideration thereof, and if the words of the contract appear
to be contrary to the evident intention of the parties, the latter shall
prevail over the former.
CRIMINAL LAW:ESTABLISHMENT
OF CONSPIRACY; DIRECT PROOF NOT ESSENTIAL
Direct proof is not essential to establish conspiracy as this
may be inferred from the acts of the accused before, during and after the
commission of the crime whuch indubitably, point to and are indicative
of a joint purpose, concert of action and community of interest.
REMEDIAL LAW:CERTIORARI;WHEN
PROPER
Certiorari may be issued only where it is clearly shown that
there is patent and gross abuse of discretion as to amount to an evasion
of positive duty or to virtual refusal to perform a duty enjoined by law,
or to act at all in contemplation of law, as where the power is exercised
in an aribitrary and despotic manner by reason of passion or personal hostility.
LABOR LAW:ABANDONMENT
AS VALID GROUND FOR DISMISSAL
For an abandonment to constitute a valid ground for dismissal
there must be a clear, deliberate and unjustified refusal to resume employment
and a clear intention to sever the employer-employee relationship on the
part of the employee.
ADMINISTRATIVE LAW:EXHAUSTION
OF ADMINISTRATIVE REMEDIES
A party cannot, without violating the principle of exhaustion
of administrative remedies, seek court intervention by filing an action
for replevin for the grant of relief during the pendency of an administrative
proceedings.
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