10 Quiz 1 ARG
10 Quiz 1 ARG
What shall prevail when the words and clauses of a written contract are in conflict with the
manifest intention of the parties?
When the wording and clauses of a written contract are in, the interpretation of the contract
can be followed. If the parties' unambiguous intentions are in conflict, the latter will take
precedence. Because the contractual parties' will has the highest power, the cardinal rule is that
their intentions should always take precedence. When a written contract's terms and provisions
conflict with the parties' declared intentions, the latter will take precedence over such phrases
and words, and general rules may apply. The terms and conditions of the contract cannot be
read to embrace a wide variety of items and circumstances. Those with whom the parties
engaged intended to sign a contract.
2. One of the conditions of RJ’s life insurance is that the insured must notify C’est La Vie Insurance
of other existing policies upon his life. If not, the policy shall be null and void. RJ got ill and failed
to inform the insurer about his other existing policies upon his life. May RJ recover from C’est La
Vie Insurance?
Yes, RJ may be able to recover from C'est La Vie Insurance because it is legal to have multiple life
insurance policies. One of the limits was that RJ could not reveal his other insurance policies. It is
still not legal and valid due to the non-recovery of RJ's insurance under the C'est La Vie
Insurance. The following voidability does not apply to RIs and other insurance disclosures. If you
misrepresent on your insurance application about any dangerous hobbies, medical conditions,
vacation plans, or family health history, you will be charged with life insurance fraud. The
interior design of was planned and overseen by Fabio, an architect.
3. Architect Fabio designed and supervised the interior design of Atheena’s condominium unit in
Makati City. Since Fabio and Atheena are close friends, they did not bother to talk about Fabio’s
professional fee. How much is Atheena bound to pay Fabio?
Athena's financial obligations to Fabio will vary substantially depending on the job Fabio
performed, the local economy, and other variables.
4. Atheena sold to Mikaela her condominium unit including all its contents. But in the
condominium unit, there is a painting by Fernando Amorsolo that Atheena sold to Janine with
Mikaela’s consent. Is the painting included in the sale of the condominium unit?
No, the painting was not included in the condominium unit transaction because Athena sold it.
Janine, with Mikaela's consent