Practice question
Which missing element prevents an enforceable cause of action where a plaintiff has a right but the defendant has not violated it?
- The defendant’s actionable breach.
- The color of counsel’s folder.
- The plaintiff’s preferred caption.
- The number of court employees.
- A newspaper’s description of the contract.
Legal references
- Swagman Hotels and Travel, Inc. v. Court of Appeals, G.R. No. 161135, April 8, 2005, main decision, existing breach and cause at commencement: https://lawphil.net/judjuris/juri2005/apr2005/gr_161135_2005.html
- 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.