BUKIDNON STATE UNIVERSITY
COLLEGE OF LAW
Law 315: TORTS AND DAMAGES
2ND SEMESTER AY 2020-2021
MODULE 3:
PART ONE:
The kinds and scope of damages are the following.
Kind Nature
Designated to
compensate the claimants
Moral for the actual injury and is
not meant to enrich the
complainant at the
expense of the defendant.
“Punitive damages” are
intended to serve as a
deterrent to serious
Exemplary wrongdoings and as a
vindication of undue
suffering and wanton
invasion of the right of an
injured or punishment for
the guilty of outrageous
conduct.
A substantial claim and
are damages in name
only and not in fact, and
Nominal are allowed, not as an
equivalent of wrong
inflicted, but simply in
recognition of the
existence of a technical
injury.
More than a nominal
Temperate damages but less than
compensatory damages,
Scope
Physical suffering, mental
anguish, fright, anxiety,
besmirched refutation,
wounded feelings, moral
shock, social humiliation
and similar injury.
Injury on the feelings and
for the sense of indignity
and humiliation suffered
by a person as result of
an injury that has
maliciously and wantonly
inflected-such
circumstances as
willfulness, wantonness,
malice, gross negligence,
or recklessness,
oppression insult or fraud-
gross fraud-that
intensifies the injury.
Every obligation arising
from law, contract, quasi-
contract; acts or
omissions punished by
law; and quasi-delict.
Awarded when the
plaintiff was not able to
prove the amount of the
 may be recovered when
the court finds some
pecuniary loss has been
suffered but its amount
can not, from the nature
of the case, provided with
certainty.
Indemnification is meant
to compensate for the
Actual/compensatory injury inflicted and not to
impose a penalty.
actual damages,
pecuniary loss had been
inflicted upon the plaintiff,
however, due to the
insufficiency of evidence,
the Court could not place
its amount with certainty.
The loss of what a person
already possess, and the
other is the failure to
receive as a benefit that
would have pertained to
him.