Practice question
A party first brings an action to enforce the instrument as written. The same party later asks for its reformation, asserting that the written terms did not express the original agreement. Assume the sequence falls within Article 1367 and no independent procedural exception is at issue. What does that article provide?
- The party may always demand both remedies successively.
- Enforcement automatically proves mutual mistake.
- The court must create new contractual terms.
- The party cannot subsequently ask for reformation after bringing the action to enforce the instrument.
- The opposing party automatically loses all defenses.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1367.
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