Civil Law, 2011 Bar — Question 5

MULTIPLE CHOICE

Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager downgraded her to economy on the ground that a Congressman had to be accommodated in the business class. Lennie suffered the discomfort and embarrassment of the downgrade. She sued the airlines for quasi-delict but Alta Airlines countered that, since her travel was governed by a contract between them, no quasi-delict could arise. Is the airline correct? A) No, the breach of contract may in fact be tortious as when it is tainted as in this case with arbitrariness, gross bad faith, and malice. B) No, denying Lennie the comfort and amenities of the business class as provided in the ticket is a tortious act. C) Yes, since the facts show a breach of contract, not a quasi-delict. D) Yes, since quasi-delict presupposes the absence of a pre-existing contractual relation between the parties.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.