Practice question
A claimant proves only nonperformance of an agreed service, and the complained-of conduct would not independently be an actionable tort without the agreement. May the claimant simply relabel it quasi-delict without establishing an independent basis?
- Yes, a label always controls
- Yes, every breach automatically proves an independent tort
- Only the amount claimed matters
- No, the contractual source and absence of a separately actionable tort must be respected
- No contract can ever involve tortious conduct
Legal references
- Far East Bank v. Court of Appeals, G.R. 108164, February 23, 1995: https://lawphil.net/judjuris/juri1995/feb1995/gr_108164_1995.html
Answer this question in flashcards to review your response and continue practicing.