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    Skylee So
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    Criminal acquittal does not extinguish civil liability, as one can still be found liable in a civil case. To receive actual or compensatory damages in a civil case, the damages must be properly alleged in the complaint and proved with sufficient, credible, and independent evidence. For crimes or torts, one is liable for all natural and probable consequences of their actions, regardless of foreseeability. But for contracts, acting in good faith allows defense that unforeseen damages were not liable, while bad faith means liability for all actual and compensatory damages connected to the act or omission.

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    Criminal acquittal does not extinguish civil liability, as one can still be found liable in a civil case. To receive actual or compensatory damages in a civil case, the damages must be properly alleged in the complaint and proved with sufficient, credible, and independent evidence. For crimes or torts, one is liable for all natural and probable consequences of their actions, regardless of foreseeability. But for contracts, acting in good faith allows defense that unforeseen damages were not liable, while bad faith means liability for all actual and compensatory damages connected to the act or omission.

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    Lecture 081619

    Uploaded by

    Skylee So
    Criminal acquittal does not extinguish civil liability, as one can still be found liable in a civil case. To receive actual or compensatory damages in a civil case, the damages must be properly alleged in the complaint and proved with sufficient, credible, and independent evidence. For crimes or torts, one is liable for all natural and probable consequences of their actions, regardless of foreseeability. But for contracts, acting in good faith allows defense that unforeseen damages were not liable, while bad faith means liability for all actual and compensatory damages connected to the act or omission.

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    TORTS and DAMAGES Lecture – 081619

    CRIMINAL & CIVIL LIABILITY


     Acquitted:
    o GR – Civil liability is not extinguished; your estate will pay.
    o EX – there is a declaration that the fact from which the civil liability attach does not
    exist.

    ACTUAL & COMPENSATORY DAMAGES


     Allege it properly in the complaint, otherwise it will become void.
     Prove with SUFFICIENT and CREDIBLE evidence INDEPENDENTLY.

    IS GOOD FAITH / BAD FAITH ESSENTIAL?


     In Crimes or Torts –
    o Liable for ALL DAMAGES which is the natural and probable consequence of the act.
    Regardless if it was foreseen or unforeseen.
     In Contracts or Quasi-Contracts –
    o If in GF, you may raise as defense that it was unforeseen event, therefore, liable only for
    actual damages;
    o If in BF, liable for ALL DAMAGES, actual and compensatory. If the victim can connect
    such damages to the act/omission, obligor is liable.

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