Philippine Bar review · Question

Practice question: Reformation of Instruments

Multiple Choice Easy

Practice question

Does 1362 require mutual mistake in every stated inequitable-conduct case?
  1. No; one party’s mistake with the other’s specified fraud or inequitable conduct may suffice.
  2. Yes; fraud is expressly irrelevant.
  3. Only the typist may ever seek relief.
  4. Every instrument automatically is reformed.
  5. No true agreement is needed.

Legal references

  • Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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