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INTERNATIONAL CONTAINER TERMINAL SERVICES v. FGU INSURANCE CORPORATION

This case has been cited 2 times or more.

2014-09-08
PERALTA, J.
A review of similar jurisprudence would tell us that this Court had repeatedly recognized this distinction and awarded interest at a rate of 6% on actual or compensatory damages arising from a breach not only of construction contracts,[28] such as the one subject of this case, but also of contracts wherein one of the parties reneged on its obligation to perform messengerial services,[29] deliver certain quantities of molasses,[30] undertake the reforestation of a denuded forest land,[31] as well as breaches of contracts of carriage,[32] and trucking agreements.[33]  We have explained therein that the reason behind such is that said contracts do not partake of loans or forbearance of money but are more in the nature of contracts of service.
2009-08-24
NACHURA, J.
Engaged in the business of manufacturing or importing into the Philippines Tupperware products and marketing the same under a direct selling distribution system,[3] petitioner entered into a Distributorship Agreement with respondents on March 3, 1986.[4] The agreement was to expire on March 31, 1987 but was subject to an automatic renewal clause for two one-year terms.[5] On April 1, 1991, the parties again executed another Distributorship Agreement[6] which was to expire on March 31, 1992 but renewable on a yearly basis upon terms and conditions mutually agreed upon in writing by the parties.[7]