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 th e 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.
Answer to this Civil Law Review is letter A. Bar Exam Reviewer Philippines – Find out the 2012 supreme court bar exam result here.