This action might not be possible to undo. Are you sure you want to continue?
Actual Defined an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. (2199) Art. 2200. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. (1106) Pecuniary loss actual profits + Moral Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. Art. 2218. In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered. Exemplary Art. 2229. Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. Nominal, Temperate, and Liquidated - Art. 2216. No proof of pecuniary loss is necessary Nominal: Temperate/Moderate Liquidated 2221. adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, It is not for the purpose of indemnifying the plaintiff for any loss suffered by him. (not intended for indemnification but recognition of a right violated) may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not, from the nature of the case, be provided with certainty It is more than nominal but less than compensatory damages. those agreed upon by the parties to a contract, to be paid in case of breach thereof. Attorney’ Fees Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: (1) When exemplary damages are awarded; (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; (3) In criminal cases of malicious prosecution against the plaintiff; (4) In case of a clearly unfounded civil action or proceeding against the plaintiff; (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; (6) In actions for legal support; (7) In actions for the recovery of wages of household helpers, laborers and skilled workers; (8) In actions for indemnity under workmen's compensation and employer's liability laws; (9) In a separate civil action to recover civil liability arising
2201. and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. 2206(3) The spouse. shall be equitably reduced if they are iniquitous or unconscionable. the court will decide whether or not they should be adjudicated. In contracts and quasi-contracts. No proof of pecuniary loss is necessary Art. The court may award nominal damages in every obligation arising from any source enumerated in Article 1157. Art. 2233. 2. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions. (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered.from a crime. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. Art. 2222.Willful property injury to Art. or their respective heirs and assigns. 2220. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages. Art. 2216. be allowed upon damages awarded for breach of contract. (10) When at least double judicial costs are awarded. 2203. 2216. breaches of contract where the defendant acted fraudulently or in bad faith. Liquidated damages. the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation. 2225. according to the circumstances of each case. or in every case where any property right has been invaded. bad faith. No proof of pecuniary loss is necessary The assessment of such damages. In case of fraud. the attorney's fees and expenses of litigation must be reasonable Art. Interest may. the law shall determine the measure of damages. 2210. as between the parties to the suit. Others Art. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by . Moral damages may be awarded when: 1. except liquidated ones. the Art. in the discretion of the court. whether intended as an indemnity or a penalty. and not the stipulation. Art. Art. Art. must be reasonable under the circumstances. is left to the discretion of the court. 2223. Exemplary damages cannot be recovered as a matter of right. 2227. malice or wanton attitude. In all cases. Art. 2228.
Fores v Miranda: MD is awarded 1) in death 2) CC was guilty of BF or malice PAL v Miano: BF cannot be presumed but must be substantiated by clear and convincing evidence. The amount of damages for death caused by a crime or quasi-delict shall be at (P50. Bad faith defined: Breach of a known duty through motive of interest of ill will. had no earning capacity at the time of his death. intestate succession.000). Alitalia v IAC: The Warsaw Convention does not operate as an exclusive enumeration of the instances of an airline’s liability or an absolute limit of usch. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. and the indemnity shall be paid to the heirs of the latter. the recipient who is not an heir called to the decedent's inheritance by the law of testate or . unless the deceased on account of permanent physical disability not caused by the defendant. such indemnity shall in every case be assessed and awarded by the court. the exact duration to be fixed by the court (3) The spouse. Cases reason of the death of the deceased. 2206. for a period not exceeding five years. Cathay Pacific v Vasquez: upgrade from first to business is a breach of contract of carriage but does not entitle them to moral damages. (2) If the deceased was obliged to give support according to the provisions of Article 291. The injury suffered can’t be restricted by the Convention thus she is entitled to nominal damages. may demand support from the person causing the death. NB: Art. In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased.obligor shall be responsible for all damages which may be reasonably attributed to the nonperformance of the obligation. DAMAGES RECOVERED UPON DEATH OF PASSENGER: (1) indemnity for death of victim – P50k (2) indemnity for loss of earning capacity of deceased (3) moral damages (4) exemplary damages (5) attorney’s fees and expenses of litigation. even though there may have been mitigating circumstances.
.(6) Interest 2-6 is subject to the determination of the court based on the evidence presented.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue listening from where you left off, or restart the preview.