Practice question
A party asserts that an industry custom supplies an omitted ordinary delivery detail. The alleged custom is genuinely disputed and unsupported by evidence. Must the court accept it solely because counsel calls it customary?
- No; the relevant usage and its applicability must be established.
- Yes; the word custom conclusively proves every assertion.
- Only the party’s advertising brochure controls all evidence.
- No contract can contain an omitted detail.
- Every ambiguity automatically voids the whole contract.
Legal references
- Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
Answer this question in flashcards to review your response and continue practicing.