Practice question
A landlord changes an arbitrary surcharge’s name from interest escalation to service adjustment, while preserving unrestricted unilateral rate-setting and the same lack of proof. What is the strongest analysis?
- The new name cures every defect
- Substance and operation govern; relabeling does not itself cure the mutuality problem
- Every service charge is exempt from contract law
- The tenant must pay every invented amount
- Only the paper’s heading is relevant
Legal references
- Gotesco Properties, Inc. v. Cua, G.R. Nos.228513 and 228552, February 15, 2023, MAIN decision: https://lawphil.net/judjuris/juri2023/feb2023/gr_228513_2023.html
- Civil Code, Articles 1159,1191,1249,1308,1314-1316,1319,1322-1326,1933-1934,1962 and1980: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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