Part 1. Definition
In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
Part 2. Example
876 f.3d at 1306.
Answer: non-overruling
Explanation: It's a good example. This sentence doesn't overrule any law, So it's non-overruling.
Part 3. Exercise
consequently, failing to perform, or failing to perform competently, under a contract cannot itself give rise to tort liability, but if the same conduct violates an independently existing duty, the fact that it constitutes a breach of contract does not preclude tort liability.
Answer:
non-overruling