Beruflich Dokumente
Kultur Dokumente
COURT OF APPEALS
Gr no. 104235 November 18, 1993
FACTS:
Upon their arrival in the Philippines, Spouses Zalamea filed an action for
damages based on breach of contract of carriage. The RTC ruled in favor of the
spouses which was overturned by the CA which held that moral damages are
recoverable only if there was fraud or bad faith in breaching the contract.
TWA contends that there was no bad faith on their part since The Code of
Federal Regulations of the Civil Aeronautics Board allows overbooking.
ISSUE:
Whether or not TWA was in bad faith and is liable for moral damages.
RULING: