Practice question
Two parties have a contract, but one commits a negligent act that would independently be actionable as a tort even without that contract. Does the contract alone create an absolute bar to the tort analysis?
- Yes, always
- Yes, if the contract is notarized
- Only if the parties are relatives
- Yes, because every duty becomes exclusively contractual
- No, a preexisting contract does not by itself bar the independent actionable-tort inquiry
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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