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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)C. Cause of Action (Rule 2)1. Spliting

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Question

C. Cause of Action (Rule 2), particularly on the topic of 1. Splitting

Jack and Jill entered into a joint business venture to open a restaurant. They agreed to contribute equal amounts of capital and to share profits and losses equally. However, after a few months of operation, disagreements arose between them regarding the management of the restaurant. Jack claimed that Jill was misappropriating funds and making unilateral decisions without consulting him.

In light of the situation, Jack decides to file a legal action against Jill. Based on the facts presented, discuss the following:

  1. What is the appropriate cause of action that Jack should pursue against Jill?
  2. What are the essential elements that Jack must prove to succeed in his cause of action?
  3. What possible remedies can Jack seek if he succeeds in his cause of action?

Answer

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