Rosario Nakagawa vs. Timeshare Realty Corporation

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Case Agency Issuance Number Published Date

Rosario Nakagawa vs. Timeshare Realty Corporation

SEC-SICD Case No. 10-98-6135

May 25, 2000

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Securities and Exchange Commission Departments

SEC Securities Investigation and Clearing Department

Corporate

Rosario Nakagawa vs. Timeshare Realty Corporation

SEC-SICD Case No. 10-98-6135

May 25, 2000

 [SEC-SICD * CASE NO. 10-98-6135. May 25, 2000.]ROSARIO NAKAGAWA, plaintiff, vs. TIMESHARE REALTY CORPORATION, defendant.Civil Law; contracts; case at bar. — It is well-settled that contracts when freely entered into by the parties are accorded great respect and often regarded as the law insofar as the contracting parties are concerned. So that when the contract is worded as to put one of the contracting parties to a disadvantage, the court or any other agency or tribunal, as the formal interpreter of the law, will not hesitate to step in. . . . The Contract of Timeshare Purchase Agreement as well as its appended Purchase Agreement Contract Condition is the law between herein plaintiff and defendant as it embodies their agreement for the purchase of a timeshare account in Laguna de Boracay. CDScaTSame; contracts of adhesion; must be construed against the corporation. — A contract of adhesion has been defined as one drafted only by one party, usually the corporation, and is sought to be accepted or adhered to by the other party. Such contracts are...
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Rosario Nakagawa vs. Timeshare Realty Corporation

Tags

Securities and Exchange Commission Departments

SEC Securities Investigation and Clearing Department