DAMAGES

KIND DEFINITION RULE

recoverable: (1) loss of earning cap due to

compen for pecuniary loss duly
Actual
proved; provided by law or stip
temp or perm personal injury (2) injury to
plaintiff's business standing (3) death due to
D/QD, plus: (a) LEC paid to heirs; deceased
due to perm physical disability not caused
by defendant had no earning cap at death
(b) if deceased oblig to give support via ART
291, recepient not heir can demand support
x+5yrs (c) spouse, legit and illegit
descendants and ascendants of deceased
can demand moral damages for mental
anguish due to death

compen for physical suffering,

mental anguish, fright, serious
anxiety, besmirched reputation,
Moral wounded feelings, moral shock, recoverable if they are proximate result of
defendant's wrongful act or omission
social humiliation and similar
injury; no proof of pecuniary loss
is necessary

compen to vindicate or recognize

right of plaintiff violated by recoverable in oblig from any source in ART
Nominal defendant, not for indemnity for
1157 or if prop right violated
loss; no proof of pecuniary loss is
necessary

compen more than nominal but recoverable if pecuniary loss is suffered but
Temperate less actual; no proof of pecuniary amount cannot be proved w/ certainty,
loss is necessary reasonble

compen agreed by parties in

contract in case of breach recoverable if there is breach of contract,
Liquidated
thereof; no proof of pecuniary agreed by parties
loss is necessary

compen by way of example or

correction for public good, in recoverable not as a matter of right but in
Exemplary
addi to MALT; no proof of the discretion of court
pecuniary loss is necessary
 x recoverable in absence of stip; (a)
exemplary awarded (b) def's act or ommi
compelled plaintiff to litigate w/ third or
incur expenses to protect his interest ©
crime for malicious prosec (d) unfounded
Atty.'s Fees and civil action (e) def acted in gross and
Expenses of Litigation evident bad faith in refusing to satisfy claim
Other than Judicial (f) action for legal support (g) action for
Cost recovery of wage (h) action for indemnity
under workmen's compen (i) separate civil
action to recover civil laib from crime (j)
double judicial costs are awarded (k) other
court deems it just and equitable AND in all
it must be reasonable
 MISC

(1) C/QC - obligor in good faith, liable for

natural and probable consequece of breach
and that which foreseen or could have at
constitution; bad faith, all reasonably
attributed to non- performance (2) D/QD -
def liable for all natural and probable
consequences of act or omission (3)
Plaintiff's Prop Insured Recieving Indemnity
from Insurance Corp - insurance corp
subrogated to insured against wrong doer;
amount paid by insurance corp not fully
cover injury or loss, aggrieved entitled to
recover deficiency from person causing loss
or injury

(1) Q/QC - recoverable if def acted in

wanton, fraudulent, reckless, oppressive or
malevolent manner (2) D - recoverable as
part of civil laibility, when crime committed
w/ aggravating circum (3) QD - recoverable if
def acted w/ gross negligence