Flashcards Studio

In a civil action for damages arising from a defective water-proofing installation in a commercial building, P sues D for (1) breach of contract for installation and (2) a quasi-delict for negligent workmanship that allegedly caused water damage to adjacent premises. After P rests, D moves for demurrer to evidence on the quasi-delict claim, contending there is no substantial evidence to support that claim. The trial court grants the demurrer to evidence as to the quasi-delict claim and dismisses that claim from the case, while the breach-of-contract claim remains for trial. (a) Identify the controlling doctrine on the consequences of granting a demurrer to evidence. (b) State the effect of that grant on the dismissed quasi-delict claim and on the action as a whole. (c) What remedies remain for P, and what ancillary issues should be considered regarding costs and possible further relief for the prevailing party?