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Philippine Bar review · Question

Practice question: Culpa aquiliana vs. Culpa contractual vs. Culpa criminal

Multiple Choice Medium

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?
  1. Yes, a label always controls
  2. Yes, every breach automatically proves an independent tort
  3. Only the amount claimed matters
  4. No, the contractual source and absence of a separately actionable tort must be respected
  5. 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

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