Practice question
A company seeks enforcement of a contractual clause. Assume that the clause violates a constitutional prohibition applicable to that transaction. The company argues that freely negotiated terms prevail between the parties. Which conclusion follows?
- The clause prevails because consent is sufficient.
- The clause prevails if both parties benefit.
- The clause prevails if notarized.
- The clause prevails if consideration was paid.
- The clause is unenforceable because it violates the Constitution.
Legal references
- Bonifacio Communications Corporation v. NTC, G.R. No. 201944, April 19, 2023, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68868
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