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BA FINANCE CORPORATION v. IAC

This case has been cited 1 times or more.

2007-07-04
AUSTRIA-MARTINEZ, J.
The onus probandi is upon the party who insists that the contract should be reformed.[11] Moreover, the presumption is that an instrument sets out the true agreement of the parties thereto and that it was executed for valuable consideration.[12] Unfortunately, petitioner was not able to overturn the presumption of validity of the contract and it also failed to discharge the burden of proving that the true intention of the parties has not been expressed.