This case has been cited 2 times or more.
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2010-06-29 |
VELASCO JR., J. |
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| "Law of the case" has been defined as the opinion delivered on a former appeal--it is a term applied to an established rule that when an appellate court passes on a question and remands the case to the lower court for further proceedings, the question there settled becomes the law of the case upon subsequent appeal.[54] | |||||
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2009-09-17 |
CHICO-NAZARIO, J. |
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| It is basic that a contract is the law between the parties, and the stipulations therein -- provided that they are not contrary to law, morals, good customs, public order or public policy -- shall be binding as between the parties.[46] In contractual relations, the law allows the parties much leeway and considers their agreement to be the law between them. This is because "courts cannot follow one every step of his life and extricate him from bad bargains x x x relieve him from one-sided contracts, or annul the effects of foolish acts."[47] The Courts are obliged to give effect to the agreement and enforce the contract to the letter. In the case at bar, the parties entered into a contract for the hauling and delivery of wood poles. By reason of a change in one of the delivery points, they executed a supplemental contract that embodied said change. The terms and conditions were clear. In both contracts, the parties voluntarily and freely affixed their signatures thereto without objection. Thus, the terms contained therein are the law between them. | |||||