Practice question
A party proves that a technical expression can mean something unusual in one trade, but offers no proof that these parties used and understood it that way. Does that fact alone necessarily establish the special construction?
- Yes, any possible technical definition automatically controls every contract.
- Yes, the parties’ actual use is expressly irrelevant.
- Yes, one expert may select a foreign meaning at will.
- No; the particular use and understanding must also be shown.
- Yes, all ordinary meanings are automatically invalid.
Legal references
- A.M. No. 19-08-15-SC, 2019 Amendments to the Revised Rules on Evidence, current Rule 130, Sections 10-24 as specified: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
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