If any obscurity or ambiguity indeed existed, then there will be more reason to place SMC on guard and for it to exercise due diligence in seeking clarification or enlightenment thereon, for that was part of its duty to discover upon its peril the nature and extent of Savellon's written agency.
The language of the Authorization is clear. Per Judge Benigno G. The respondent court aptly observed that - In preparing and executing the deed of sale with right of repurchase and in delivering to Tan the land titles, appellant actually accommodated Josefina so she would not be charged criminally by Tan.
Its conclusion to the contrary is based solely on the second prerogative under the Authorization, to wit: The Government shall oversee the management of the operation contemplated in a coal operating contract and in this connection, shall require the operator to: Rather, he must use reasonable diligence and prudence to ascertain whether the agent is acting and dealing with him within the scope of his powers.
It pertinently states as follows: Whether or not the defendants acted in good faith in its representations to the plaintiff;chanrobles virtual law library 3. Rene Savellon go to your office.
Q Did it not occur to you that you should have examined further the authorization of Mr. The language of the Authorization is clear. Bacaltos and Rene R. A No document shown.
Thus, there is the equitable maxim that between two innocent parties, the one who made it possible for the wrong to be done should be the one to bear the resulting loss. So if the suggestions of probable limitations be of such a clear and reasonable quality, or if the character assumed by the agent is of such a suspicious or unreasonable nature, or if the authority which he seeks to exercise is of such an unusual or improbable character, as would suffice to put an ordinarily prudent man upon his guard, the party dealing with him may not shut his eyes to the real estate of the case, but should either refuse to deal with the agent at all, or should ascertain from the principal the true condition of affairs.
Whether or not defendants are jointly liable to plaintiff for damages on account of breach of contract;chanrobles virtual law library 2. Having thus found that SMC was the author of its own damage and that the petitioners are, therefore, free from any liability, it has become unnecessary to discuss the issue of whether Bacaltos Coal Mines is a corporation with a personality distinct and separate from German Bacaltos.
However, there is absolutely no basis for petitioner to file a complaint against private respondent Tan and Josie Rey to annul the pacto de retro sale on the ground of lack of consideration, invoking his failure to encash the two checks.
He was the one who prepared the contract. The trial court also failed to note that the Authorization is not a general power of attorney. He contends that it is null and void for lack of consideration because allegedly no money changed hands when he signed it and the checks that were issued for redemption of the properties involved in the sale have been dishonored by the drawee bank for having been drawn against a closed account.
In short, while the clause allows some room for flexibility, it can comprehend only additional prerogatives falling within the primary power and within the same class as those enumerated. The amount of P, But although Exhibit "A-1" remains admissible for not having been timely objected to, it has no probative value as to the ownership of the vessel.
It is a special power of attorney for it refers to a clear mandate specifically authorizing the performance of a specific power and of express acts subsumed therein. Q Did he mention the owner of that vessel. Hence, the instant petition for review.
Rene Savellon presented to you this authorization marked Exhibit "C" and Exhibit "1" for the defendant. Thereupon, petitioner filed a motion to reconsider the decision but it was denied. The conclusion then of the Court of Appeals that the Authorization includes the power to enter into the Trip Chapter Party because the "five prerogatives" are prefaced by such clause, is seriously flawed.
Explosive casting is the technique used by many surface coal mines to control the displacement of overburden by means of explosive energy. The casting moves % of the overburden into the mined.
Nov 20, · America VS Spain: Coal Spain's plan to ditch coal is so brilliant, even the miners are happy. Bacaltos Coal Mines holidaysanantonio.com and SMC Doctrine: Every person dealing with an agent is put upon inquiry and must discover at his own.
Coal, which is the most abundant fossil fuel, is a combustible black or brownish-black sedimentary rock usually occurring in rock strata in layers or veins called coal beds or coal seams.
Coal -fired power plant converts heat energy of combustion. Duty Of A Person Dealing With An Agent. It is a settled rule that persons dealing with an agent are bound at their peril, if they would hold the principal liable, to ascertain not only the fact of agency but also the nature and extent of authority, and in case either is controverted, the burden of.
Bacaltos Coal Mines v. Court of Appeals. Constante Amor de Castro vs CA Digest. operating contract of Bacaltos Coal Mine of which he is the proprietor, “For Coal Mines as a coal mining company owns and operates vessels, and even if it owned any such vessels, that it was allowed to charter or lease them.Bacaltos coal mines vs