1. China Airlines v.

IAC, 169 SCRA 226

•
• • In this case, there was a breach of contract when China Airlines did
not secure an immediate flight connection
• • This was a breach of its duty to carry passengers safely as afar as
human care and foresight can provide, using the utmost diligence of very
cautious persons, with due regard for all the circumstances.
• • However, there was no gross negligence, recklessness or wanton
disregard of the rights of the passenger.
• • Telex was the established mode of communication between the
Manila and San Francisco offices
• • Phone contact was not possible due to the time differences
• • The reliance on telex messages was not negligence that amounted to
bad faith
• • Hence, moral damages cannot be awarded