Practice question
A technical term is shown to have a special trade meaning, and the parties used and understood it in that sense. Must the court insist on ordinary everyday meaning regardless of this proof?
- Yes, specialized meanings are always forbidden.
- No; section 15 permits proof of the peculiar meaning and construction accordingly.
- Yes, unless the word is capitalized.
- No; every unilateral private meaning automatically binds the other party.
- Yes, usage can never be considered.
Legal references
- https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 130 sections 11–20: legal meaning, harmonization, particular provisions, context, usage and competing constructions.
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