Philippine Bar review · Question

Practice question: Mutuality

Multiple Choice Medium

Practice question

Both parties authorize an independent appraiser to determine the specified performance. The appraiser tells only Party A, leaving Party B unaware. Does Article 1309's communication requirement already make the determination binding on both?
  1. Yes, telling one is always enough
  2. No, the determination must be made known to both
  3. Yes, Party A can replace the appraiser's decision secretly
  4. No, because third-person determinations are always void
  5. Yes, because notification never matters

Legal references

  • Civil Code Articles 1306 and 1308–1310: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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