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I. TORTS
TORT
An unlawful violation of private
right, not created by contract, and which
gives rise to an action for damages.
It is an act or omission producing an
injury to another, without any previous
existing lawful relation of which the said
act or omission may be said to be a
natural outgrowth or incident.
NOTES:
An unborn child is NOT entitled to
damages. But the bereaved parents may
be entitled to damages, on damages
inflicted directly upon them. (Geluz vs.
CA, 2 SCRA 802)
Defendants in tort cases can either
be
natural
or
artificial
being.
Corporations are civilly liable in the
same manner as natural persons.
Any person who has been injured by
reason of a tortious conduct can sue the
tortfeasor.
The primary purpose of a tort action
is to provide compensation to a person
who was injured by the tortious conduct
of the defendant.
Preventive remedy is available in
some cases.
Classes of Torts:
A. Negligent Torts
B. Intentional Torts
C. Strict Liability
A. NEGLIGENT TORTS
Involve voluntary acts or omissions
which result in injury to others without
intending to cause the same or because
the actor fails to exercise due care in
performing such acts or omissions.
NEGLIGENCE
The omission of that degree of
diligence which is required by the nature
of the obligation and corresponding to
the circumstances of persons, time and
place. (Article 1173 Civil Code)
Kinds of Negligence:
1. Culpa Contractual (contractual
negligence)
Governed by CC provisions on
Obligations and Contracts, particularly
Arts. 1170 to 1174 of the Civil Code.
2. Culpa Aquiliana (quasi-delict)
Governed mainly by Art. 2176 of the
Civil Code
3. Culpa Criminal (criminal negligence)
Governed by Art. 365 of the Revised
Penal Code.
NOTES:
Culpa Contractual
The foundation of
the liability of the
defendant
is the contract
In breach of contract
committed through
the negligence of
employee,
the
employer
cannot
erase his primary and
direct liability by
invoking exercise of
diligence of a good
father of a family in
the selection and
supervision of the
employee.
Culpa Aquiliana
It is a separate
source of obligation
independent
of
contract
In quasi-delict the
presumptive
responsibility for the
negligence of his
servants can be
rebutted by proof of
the exercise of due
care in their selection
and supervision.
Crime
Affect the
interest
public
Liability
of
the
employer
of
the
actor-employee
is
subsidiary in crimes
QUASI-DELICT
Whoever by act or omission causes
damage to another, there being fault or
negligence is obliged to pay for the
damage done. (Article 2176 Civil Code)
Calculation of Risk
Interests are to be balanced only in
the sense that the purposes of the actor,
the nature of his act and the harm that
may result from action or inaction are
elements to be considered.
Circumstances
to
consider
in
determining negligence: (PEST-GAP)
1. Time
2. Place
3. Emergency
Emergency rule
GENERAL RULE: An individual who
suddenly finds himself in a situation
of danger and is required to act
without much time to consider the
best means that may be adopted to
avoid the impending danger is not
guilty of negligence if he fails to
undertake what subsequently and
upon reflection may appear to be a
better solution.
4.
5.
6.
7.
A. Presumptions of Negligence
1. In motor vehicle mishaps, the owner
is presumed negligent if he was in the
vehicle and he could have used due
diligence to prevent the misfortune.
(Article 2184 Civil Code)
2. It is disputably presumed that a
driver was negligent if he had been
found guilty of reckless driving or
violating traffic regulations at least
twice for the next preceding two
months. (Article 2184 Civil Code)
3. The driver of a motor vehicle is
presumed negligent if at the time of the
AFFIRMATIVE
DUTIES
AND
MISCELLANEOUS ACTIVITIES:
1. Duty to Rescue
A. Duty to the rescuer
EXCEPTIONS:
a. Visitors and tolerated possession
Owners
of
buildings
or
premises owe duty of care to
visitors.
b. Doctrine of Attractive Nuisance
One who maintains on his premises
dangerous
instrumentalities
or
appliances of a character likely to
attract children in play, and who fails
to exercise ordinary care to prevent
children from playing therewith or
resorting thereto, is liable to a child
of tender years who is injured
thereby, even if the child is
technically a trespasser in the
premises.
NOTE: A swimming pool or pond or
reservoir of water is NOT considered
attractive
nuisance.
(Hidalgo
Enterprises vs. Baladan 91 Phil 488)
c. State of Necessity
The owner of a thing has no right
to prohibit the interference of
another with the same if the
interference is necessary to avert
imminent danger and the threatened
damage, compared to the damage
arising to the owner from the
interference, is much greater.
(Article 432 Civil Code)
It is also a recognized justifying
circumstance under the RPC.
In both the Civil Code and the RPC,
the owner may demand from the
person benefited, indemnity for the
damages.
Use of properties that injures another
An owner cannot use his property in
such a manner as to injure the rights of
others. (Article 431 Civil Code).
Hence the exercise of the right of
the owner may give rise to an action
based on quasi-delict if the owner
negligently exercises such right to the
prejudice of another.
5. Common carriers
From the nature of their business
and for reasons of public policy, they are
bound
to
exercise
extraordinary
diligence in the vigilance over the goods
and the safety of the passengers.
The case against the common carrier
is for the enforcement of an obligation
arising from breach of contract.
The same act which breached the
contract may give rise to an action based
on quasi delict. (Air France vs
Carrascoso, L21438, Sept. 28, 1996)
6. Doctors
A. STANDARD OF CARE
There is no employer-employee
relationship between the hospital and a
physician admitted in the said hospitals
medical staff as an active or visiting
consultant
which would hold the
hospital liable solidarily liable for the
injury suffered by a patient under Article
2180 of the Civil Code. (Ramos vs. CA GR
No 124354, April 11, 2002)
The
contract
between
the
consultant and the patient is separate
and distinct the contract between the
hospital and the patient. The first has
for its object the rendition of medical
services by the consultant to the patient,
while the second concerns the provision
by the hospital of facilities and services
by its staff such as nurses and laboratory
personnel necessary for the proper
treatment of the patient. (Ramos vs. CA
GR No 124354, April 11, 2002)
7. Lawyers
An attorney is not bound to exercise
extraordinary diligence but only a
reasonable degree of care and skill,
having reference to the business he
undertakes to do.
DEFENSES IN NEGLIGENCE CASES
Kinds of defenses:
A. Complete
completely
recovery
B. Partial mitigates liability
bars
1. PLAINTIFFS
CONDUCT
AND
CONTRIBUTORY NEGLIGENCE
a. Plaintiffs own negligence as the
proximate cause
When the plaintiffs own negligence
was the immediate and proximate
cause of his injury, he cannot
recover damages. (Article 2179
Civil Code)
b. Contributory negligence
Conduct on the part of the injured
party contributing as a legal cause
to the harm he has suffered which
falls below the standard to which
he is required to conform for his
own protection. (Valenzuela vs. CA
253SCRA303)
If the plaintiffs negligence was
only contributory, the immediate
and proximate cause of the injury
being the defendants lack of due
care, the plaintiff may recover
damages but the courts shall
mitigate the damages to be
awarded (Article 2179 Civil Code).
Doctrine
of
Comparative
Negligence
The
relative degree of negligence of
the parties is considered in
determining whether and to what
degree,
either
should
be
responsible for his negligence
(apportionment of damages).
This
is
the doctrine being applied in our
jurisdiction
wherein
the
contributory negligence of the
plaintiff does not completely bar
recovery but merely results in
mitigation of liability; it is a partial
defense.
The
court is free to determine the
extent of the mitigation of the
defendants liability depending
upon the circumstances.
2. IMPUTED
CONTRIBUTORY
NEGLIGENCE
Negligence is imputed if the actor is
different from the person who is
being made liable.
3. FORTUITOUS EVENTS
Essential requisites:
a. The cause of the unforeseen and
unexpected occurrence, or of the
failure of the
debtor to comply
with his obligation, must be
independent of the human will;
b. It must be impossible to foresee
the event which constitutes the
caso fortuito, or if it can be
foreseen, it must be impossible to
avoid;
c. The occurrence must be such as to
render it impossible for the debtor
to fulfill his obligation in a normal
manner; and
d. The obligor must be free from any
participation in the aggravation of
the injury resulting to the creditor.
NOTE: When an act of God concurs
with the negligence of defendant to
produce an injury, the defendant is
liable if the injury would not have
resulted but for his own negligent
conduct or omission. The whole
occurrence is humanized and removed
from the rules applicable to acts of
God. (NAPOCOR vs. CA [1993])
GENERAL RULE: It is a complete
defense and a person is not liable if
the cause of the damage is a fortuitous
event.
EXCEPTION: It is merely a partial
defense and the courts may mitigate
the damages if the loss would have
resulted in any event (Art. 2215(4)
Civil Code).
4. ASSUMPTION OF RISK
Volenti non fit injuria: One is not
legally injured if he has consented to the
It is a complete defense.
Elements:
a.
The plaintiff must know that the
risk is present;
b.
He must further understand its
nature; and that
c.
His choice to incur it is free and
voluntary.
KINDS:
a.
Express waiver of the right to
recover
b.
Implied Assumptions
i. Dangerous Conditions
There
may
be
implied
assumption of risk if the plaintiff
entered into a contractual relation
with the defendant. By entering into
a relationship freely and voluntarily
where the negligence of the
defendant is obvious, the plaintiff
may be found to accept and consent
to it.
EXAMPLES:
Persons
who
voluntarily
participate in dangerous activities
assume the risks which are usually
present in such activities.
EXAMPLE:
A
professional
athlete is deemed to assume the
risks of injury to their trade.
iv. Defendants negligence
7. INVOLUNTARINESS
It is a complete defense in quasidelict cases and the defendant is
therefore not liable if force was exerted
on him. (Aquino, Torts and Damages)
EXAMPLE: When the defendant was
forced to drive his vehicle by armed
men. He was, at pain of death, forced to
drive at a very fast clip because the
armed men were escaping from the
policemen. The defendant cannot be
held liable, if a bystander is hit as a
consequence.
CAUSATION
Proximate Cause
That cause which in natural and
continuous sequence, unbroken by any
efficient intervening cause, produces the
injury, without which the result would
not have occurred.
NOTE:
Primary cause remains the
proximate cause even if there is an
intervening
cause
which
merely
cooperated with the primary cause and
which did not break the chain of
causation.
Remote Cause
That cause which some independent
force merely took advantage of to
accomplish something not the natural
effect thereof.
If
the
defendants negligence was not the
cause-in-fact, the inquiry stops.
If it is, the inquiry shifts to the
question of limit of the defendants
liability. (Policy test)
CAUSE-IN-FACT TESTS:
1. But-For Test
The defendants conduct is the
cause-in-fact if damage would not have
resulted had there been no negligence
on the part of the defendant.
Conversely,
defendants
negligent
conduct is not the cause in fact of the
plaintiffs damage if the accident could
not have been avoided in the absence
thereof.
Nearest Cause
That cause which is the last link in
the chain of events; the nearest in point
of time or relation.
Proximate cause is not necessarily
the nearest cause but that which is the
procuring efficient and predominant
cause.
Concurrent Causes
The actor is liable even if the active
and substantially simultaneous operation
of the effects of a third persons
innocent, tortious or criminal act is also
a substantial factor in bringing about the
harm so long as the actors negligent
conduct actively and continuously
operate to bring about harm to another.
(Africa vs. Caltex)
Where several causes producing the
injury are concurrent and each is an
efficient cause without which the injury
would not have happened, the injury
may be attributed to all or any of the
causes and recovery may be had against
any or all of the responsible persons.
Where the concurrent or successive
negligent acts or omissions of two or
more
persons,
although
acting
independently, are in combination the
direct and proximate cause of a single
injury to a third person, and it is
impossible to determine what proportion
each contributed to the injury, either of
them is responsible for the whole injury,
even though his act alone might not have
caused the entire injury; they become
joint tort-feasors and are solidarily liable
for the resulting damage under Article
2194 of the Civil Code.
Multiple causation
B. INTENTIONAL TORTS
Include conduct where the actor
desires to cause the consequences of his
act or believes that the consequences
are substantially certain to result from
it.
HUMAN RELATIONS
1. Principle
(ART.19)
of
Abuse
of
Rights
Elements:
Elements:
Kinds:
c. Sexual assault
d. Desertion by a spouse
Moral
e. Trespass
Property
b. Seduction without
promise to marry
breach
of
Deprivation
of
2 KINDS:
1)
Trespass
to
and/or
deprivation of real property
and
1)
2)
The
f.
g. Illegal Dismissal
EXAMPLE:
False imputation of
misdeed to justify dismissal or any
similar manner of dismissal which is done
abusively.
h. Malicious Prosecution
after
the
termination
of
such
prosecution, suit or proceeding in favor
of the defendant therein.
NOTES:
Elements:
1.
The fact of the prosecution and
the further fact that the defendant was
himself the prosecutor; and that the
action was finally terminated with an
acquittal;
2.
That in bringing the action, the
prosecutor acted without probable
cause;
3.
The prosecutor was actuated or
impelled by legal malice.
NOTES:
i.
Public Humiliation
Standard to be
applied in determining if there was a
violation of the right is that of a person
with ordinary sensibilities. It is relative
to the customs of time and place and is
determined by the norm of an ordinary
person.
Four Types of Invasion of Privacy
a.
Intrusio
n upon plaintiffs seclusion or solitude
or into his private affairs
It is not limited to cases where
the defendant physically trespassed into
anothers property. It includes cases
when the defendant invades ones
privacy by looking from outside
(Example: peeping-tom).
GENERAL RULE: There is no invasion of
right to privacy when a journalist records
photographs or writes about something
that occurs in public places.
EXCEPTION: When the acts of the
journalist should be to such extent that
it constitutes harassment or overzealous
shadowing.
The freedom of the press has never
been construed to accord newsmen
immunity from tort or crimes committed
during the course of the newsgathering.
There is no intrusion when an
employer investigates an employee or
when the school investigates its student.
RA 4200 makes it illegal for any
person not authorized by all the parties
to any private communication to secretly
record such communication by means of
Requisites:
1. Publicity is given to any private
or purely personal information about
a person;
2. Without the latters consent; and
3. Regardless of whether or not
such publicity constitutes a criminal
offense, like libel or defamation, the
circumstance that the publication
was made with intent of gain or for
commercial and business purposes
invariably serves to aggravate the
violation of the right.
PUBLIC FIGURE - A
person, who by his accomplishments,
fame or mode of living or by adopting a
profession or calling which gives the
public a legitimate interest in his doings,
his affairs and his character.
NOTE: Public figures, most especially
those holding responsible positions in
government enjoy a more limited right
to privacy compared to ordinary
individuals.
The publication of facts
derived from the records of official
proceedings which are not otherwise
declared by law as confidential,
cannot be considered a tortious
conduct.
c.
Publicit
y which places a person in a false
light in the public eye
The interest to be protected in
this tort is the interest of the
individual in not being made to
appear before the public in an
objectionable false light or false
position.
EXAMPLE: Defendant was held liable
for damages when he published an
unauthorized biography of a famous
baseball player exaggerating his
feats on the baseball field,
portraying him as a war hero. (Spahn
vs. Messner)
If the publicity given to the
plaintiff is defamatory, hence an
action for libel is also warranted; the
action for invasion of privacy will
afford an alternative remedy.
May be committed by the media
by distorting a news report.
Tort of Putting
Another in False
Light
Defamation
1. As to gravamen of claim
The gravamen of The gravamen of
claim is not the claim is the reputareputational
harm tional harm
but
rather
the
embarrassment of a
person being made
into some-thing he is
not
2. As to publication
The statement should Publication
is
be actually made in satisfied if a letter is
public
sent to a third person
3. As to the defamatory character of the
statements
Defendant may still What is published
be held liable even if lowers the esteem in
the statements tells which the plaintiff is
something
good held
about the plaintiff
d.
Commer
cial appropriation of likeness
Test
in
determining
the
defamatory
character
of
the
imputation: A charge is sufficient if
the words are calculated to induce the
hearers to suppose and understand
that the person/s against whom they
were uttered were guilty of a certain
offense, or are sufficient to impeach
their honesty, virtue, or reputation, or
to hold the person/s up to public
ridicule.
Dissemination to a number of
persons
is
not
required,
Half-truths are
likewise included; it is actionable if
the withholding of that which is not
stated makes that which is stated
absolutely false.
Misrepresentati
on upon a mere matter of opinion is
not an actionable deceit.
C.
Physical injuries
Battery an intentional infliction
of a harmful or offensive bodily
contact; bodily contact is offensive if
it offends a reasonable persons
sense of dignity.
Assault intentional conduct by
one person directed at another
which
places
the
latter
in
apprehension of immediate bodily
harm or offensive act.
Includes bodily injuries causing
death.
Physical injuries which resulted
because of negligence or imprudence
is not included in Article 33; they are
already covered by Article 2176 of
the Civil Code.
3. Neglect of duty by police officers
(Article 34)
Subsidiary liability of cities and
municipalities, is imposed so that
they will exercise great care in
selecting conscientious and duly
qualified policemen and exercise
supervision over them in the
performance of their duties.
CIVIL LIABILITY ARISING FROM DELICT
Every person criminally liable for a
felony is also civilly liable. (Article
100 RPC)
The reason is because a crime has a
dual character: as an offense against
the State and against the private
person injured by it.
Damages to be adjudicated
may either be decreased or
increased depending on the presence
of
mitigating
or
aggravating
circumstances.
Effect of Death
A. DEATH AFTER FINAL JUDGMENT:
extinguishes criminal liability of the
person liable but will not extinguish
the civil liability.
B. DEATH BEFORE FINAL JUDGMENT:
GENERAL RULE: The defendant is
relieved from both criminal and civil
liability
arising
from
criminal
liability.
EXCEPTION: In case of libel and
physical
injuries
wherein
the
plaintiff initially opted to claim
damages in the criminal proceeding
can file another case under Article
33 of the Civil Code.
Effect of Pardon
Pardon does not erase civil liability.
While pardon removes the existence of
guilt so that in the eyes of the law the
a)
minor children
b)
NOTES:
c) on the
functions
occasion
of
their
4. Employers
For damages cause by:
a) employees
helpers
and
household
Parents
2. Guardians
For damage caused by
a. minors or incapacitated persons
b. under their authority
c. living in their company
3. Owners
and
managers
establishments
For damage caused by:
a) their employees
of
NOTES:
While
6. Schools,
Teachers
and
Administrators
For damage caused by:
a) pupils
and
students
or
apprentices
b) in their custody
statutory basis:
if student is minor Art. 219, FC
if student is no longer a minor
Art. 2180, Civil Code
NOTES:
the
teacher-in-
The
victim of negligence is likewise
required to exercise due care in
avoiding injury to himself.
Other Persons Vicariously Liable:
1. Innkeepers and Hotelkeepers
They are civilly liable for crimes
committed in their establishments in
cases of violations of statutes by them,
in default of persons criminally liable.
(Article 102 Revised Penal Code)
They are subsidiarily liable for the
restitution of goods taken by robbery or
theft within their houses from guests
lodging therein, or for payment of the
value thereof, provided that:
a. The innkeeper was notified in
advance of the deposit of such goods
within the inn; and
b. The guest shall have followed the
directions which such innkeeper or his
representative may have given with
respect to the care and vigilance over
the goods.
2. Partnership
Partnership or every partner is liable
for torts committed by one of the
partners acting within the scope of the
firm business, though they do not
participate in, ratify, or have knowledge
of such torts.
Partners are liable as joint tortfeasors.
The
absolute
community
property shall be for liabilities incurred
by either spouses by reason of crime or
quasi-delict in case of absence or
insufficiency of the exclusive property of
the debtor-spouse. (Article 94 Family
Code)
2. Falling objects
The head of a family that lives in a
building or a part thereof is responsible
for damages caused by things thrown or
falling from the same. (Article 2193 Civil
Code)
3. Liability of employers
of
3. Negligence
In product liability law, certain
standards are already imposed by special
laws, rules and regulations of proper
government agencies; certain acts or
omissions are expressly prohibited by the
statutes thereby
making violation
thereof negligence per se.
It is negligence per se if
manufacturer manufactured products
which do not comply with the safety
standards promulgated by appropriate
government agencies.
4. Delict
The liability may be based on
criminal negli-gence under the RPC or
violation of any special law.
5. Strict liability
Manufacturers and processors of
foodstuffs, drinks, toilet articles, and
similar goods, shall be liable for death or
injuries caused by any noxious or harmful
substances used although no contractual
relation exists. (Article 2187 Civil Code)
DEFENSES:
A. The manufacturer, builder, producer,
or importer shall not be liable when it
evidences:
1)
That it did not place the
product on the market
2)
That although it did
place the product on the market
such product had no defect
3)
That the consumer of
third party is solely at fault. (Article
97 Consumer Act)
B. The supplier of the services shall not
be held liable when it is proven:
1) That there is no defect in the
service rendered
2) That the consumer of third party
is solely at fault. (Article 99 Consumer
Act)
Requisites:
The plaintiff should
allege and prove that:
1) The product was defective;
2) The product was manufactured
by the defendant;
3) The defective product was the
cause of his injury.
4 KINDS OF DEFECTIVE PRODUCTS
1. manufacturing defect
2. design defect
3. presentation defect
4. absence of appropriate warning
BUSINESS TORTS
1. Interference of contracts
Elements:
a. existence of a valid contract
b. knowledge on the part of the third
person of the existence of the contract
c. interference of the third person
without legal justification.
The existence of a contract is
necessary and the breach must occur
because of the alleged act of
interference;
No
action
can
be
maintained if the contract is void.
Malice is not essential.
Elements of privilege to interfere
1)The defendants purpose is a
justifiable one, and
2)The actors employ no means of
fraud or deception which are
regarded as unfair.
Extent of Liability:
A. Rule in Daywalt vs. La Corporation
39PHIL587
Defendant
cannot be held liable for more than
the
amount
for
which
the
contracting party who was induced
to break the contract can be held
liable.
II. DAMAGES
DAMAGE
The detriment, injury or loss which
are occasioned by reason of fault of
another in the property or person.
DAMAGES
The
pecuniary
compensation,
recompense or satisfaction for an injury
sustained or as otherwise expressed, the
pecuniary consequences which the law
imposes for the breach of some duty or
violation of some rights.
DAMNUM ABSQUE
Without Injury)
INJURIA
(Damage
Damage
Damages
Legal
invasion of
a
legal
right
Loss, hurt
or
harm
which
results
from
the
injury
The recompense
or
compensation
awarded for
the damage
suffered
NOTES:
A complaint for damages is a
personal action. (Baritua vs. CA, 267
SCRA 331)
Proof of pecuniary loss is necessary
to successfully recover actual
NOTE:
Life expectancy is computed as
follows:
{ 2/3 x (80-age at death) }
Net earnings is the total of the
earnings less expenses necessary for
the creation of such earnings and
less living or other incidental
expenses.
Loss of profits
May be determined by considering
the average profit for the preceding
years multiplied by the number of
years during which the business was
affected by the wrongful act or
breach.
Attorneys fees
They are actual damages. It is due to
the plaintiff and not to the counsel.
Plaintiff must allege the basis of his
claim for attorneys fees in the
complaint; the basis should be one of
the 11 cases specified in Article 2208
of the Civil Code.
Interests
Award of interest in the concept of
actual and compensatory damages
actual damages.
The rate of interest, as well as the
accrual thereof is imposed as
follows:
1. When the obligation is breached
and it consist of payment of sum
of money, i.e., a loan or
forbearance of money:
Doctrine of
Avoidable
Consequences
Acts
of
the
plaintiff
occur
after the act or
omission of the
defendant
Contributory
Negligence
Plaintiffs act or
omission occurs
before or at the
time of the act or
omission of the
defendant
B. MORAL DAMAGES
Includes physical suffering, mental
anguish, fright, serious anxiety,
besmirched reputation, wounded
feelings,
moral
shock,
social
humiliation, and similar injury.
No proof of pecuniary loss is
necessary.
GENERAL RULE: The plaintiff must
allege and prove:
1. The factual basis for moral
damages; and
2. Its causal relation to the
defendants act
EXCEPTION: Moral damages may be
awarded to the victim in criminal
proceedings without the need for
pleading of proof of the basis thereof.
Requisites for award of moral damages:
1. There must be an injury whether
physical, mental or psychological,
clearly sustained by the claimant;
2. There must be a culpable act or
omission.;
3. Such act or omission is the proximate
cause of the injury;
4. The damages is predicated on the
cases cited in Art.2219.
NOTE: The award of moral damages
cannot be granted in favor of a
corporation because, being an artificial
person, it has no feelings, no emotions,
no
senses.
It
cannot
therefore
experience physical suffering and mental
anguish which can be experienced only
by one having a nervous system.
C. NOMINAL DAMAGES
Nominal damages are adjudicated in
order that a right of the plaintiff,
which has been violated or invaded
by the defendant, may be vindicated
D.
TEMPERATE OR
MODERATE DAMAGES
These are damages, which are more
than
nominal
but
less
than
compensatory, and may be recovered
when the court finds that some
pecuniary loss has been suffered but
its amount cannot be proved with
certainty. (Article 2224 Civil Code)
In cases where the resulting injury
might be continuing and possible
future complications directly arising
from the injury, while certain to
occur are difficult to predict,
temperate damages can and should
be awarded on top of actual or
compensatory damages; in such
cases there is no incompatibility
between actual and temperate
damages.
E. LIQUIDATED DAMAGES
Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof
EXEMPLARY OR CORRECTIVE DAMAGES
Requisites for
exemplary damages:
the
award
of