Practice question
Seller intends an ambiguous expression in one sense but knows Buyer understands it in another. Their different intended senses are established. Under section 18’s first clause, which sense prevails against Seller?
- Seller’s undisclosed preference in every case.
- The sense used by whichever party is wealthier.
- Neither sense can ever be considered.
- The sense Seller supposed Buyer understood.
- The meaning chosen by a stranger after litigation began.
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.
Answer this question in flashcards to review your response and continue practicing.