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32972910 Torts Magic Notes

32972910 Torts Magic Notes

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Published by rodeltalladarivera

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Published by: rodeltalladarivera on Aug 19, 2010
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10/29/2011

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May 14, 1992

FACTS: Constantino and Mendez met at Tony’s
Restaurant, where she was a waitress. Mendez
professed his love during their first date. Through a
promise of marriage, he succeeded in having sexual
intercourse with Constantino. Mendez then confessed
that he was married. Despite this, they had repeated
sexual contact. Constantino got pregnant. She then
sued for recognition of her unborn child and damages
for breach of promise to marry.

ISSUE: WON Mendez was liable for damages. NO

HELD: Mere sexual intercourse is not by itself a basis
for recovery. Damages should only be awarded if
sexual intercourse is NOT A PRODUCT OF VOLUNTARINESS AND
MUTUAL DESIRE .
In this case, Constantino was already 28
years old. More importantly, she admitted that SHE WAS

ATTRACTED TO MENDEZ . Their repeated sexual intercourse
indicates that passion, and not the alleged promise of
marriage, was the moving force that made her submit
herself to Mendez.

C L A S S N O T E

This case is similar to say Tanjanco.

Even if there is deceit but the deceit resulted in
attraction of the woman to the man, then there
will be no more seduction.

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