Philippine Bar review · Topic

Mutuality

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  1. Does merely alleging extraordinary inflation establish a factual basis for unilateral escalations under Gotesco?
  2. A landlord begins arbitrary charges five years before issuing the circular supposedly explaining their basis. It argues…
  3. A lease’s escalation language covers specified utility contingencies. The landlord loads unrelated expenses not include…
  4. A tenant signed a clause giving the landlord unfettered power to choose any future escalation rate without a reasonable…
  5. A landlord changes an arbitrary surcharge’s name from interest escalation to service adjustment, while preserving unres…
  6. Explain Gotesco’s distinction between escalation clauses generally and an unbridled unilateral escalation power.
  7. Discuss the evidentiary and notice problems in imposing fee escalations as illustrated by Gotesco.
  8. A landlord relies on the tenant’s original signature and a new label for an arbitrary surcharge. Explain the mutuality …