1

T O R T S AN D D AM A G E S
A. ELEMENTS OF QUASI DELICT/TORTS
1. act or omission
2. damage or injury is caused to another
3. fault or negligence is present
4. there is no pre-existing contractual relations between the
parties
5. causal connection between damage done and act/omission
B. DISTINGUISHED FROM OTHER SOURCES OF
OBLIGATION:
CONTRACT QUASI DELICT DELICT
Vinculu
m
Juri
s
ontract !egligent act/
omission
"culpa#
imprudenc
e$
%ct/omission
committe
d by
means of
dolo
"deliberat
e#
malicious
# in bad
faith$
Proof
Nee
ded
&reponderance
of
e'idence
&reponderance
of
e'idence
&roof beyond
reasonabl
e doubt
Defense
avai
labl
e
(xercise of
extraordin
ary
diligence
"in
contract
of
carriage$#
)orce
*ajeure
(xercise of
diligence
of good
father of a
family in
the
selection
and
super'isio
n of
employees
Pre-
exis
ting
con
trac
t
+here is pre-
existing
contract
!o pre-existing
contract
!o pre-existing
contract
Burden
of
pro
of
ontractual
party.
&ro'e the
ff.,
1. existence
of a
contract
2. breach
-ictim. &ro'e
the ff.,
1. damage
2. negligence
3. causal
connection
between
negligence
and
damage
done
&rosecution.
%ccused
is
presume
d
innocent
until the
contrary
is pro'ed.
C. CIVIL LIABILITY IN QUASI-DELICT vs. DELICT
DIFFERENCE QUASI-DELICT DELICT
Liability of
Employer
.olidary .ubsidiary
Reservation
Requirement
i'il aspect of the
/uasi-delict is impliedly
instituted with criminal
action# but under 2000
rimpro 1ules it is
independent and
separate
i'il aspect is
2mpliedly instituted
with criminal action
Effect of
judgement of
acquittal in a
criminal case
involving
same
act/omission
!ot a bar to reco'er
ci'il damages
(3(&+ when
judgement pronounces
that the negligence
from which damage
arise is non-existent
!ot a bar to reco'er
ci'il damages
D. WHAT MUST BE PROVED
1. Neg!ge"#e - 2n action for 4uasi 5elict# plaintiff must pro'e
negligence of defendant
Exception:
a. In cases where negligence is presumed or imputed by
law - this is only rebuttable/presumption juris tantum
b. Principle of res ipsa loquitur (the thing speas for itself! -
grounded on the difficulty in pro'ing thru competent
e'idence# public policy considerations
$. D%&%ge/!"'()*
3. C%(s% #+""e#,!+" -e,.ee" "eg!ge"#e %"/ /%&%ge "to
be actionable$ -5efendant6s negligence must be the
proximate cause of the injury sustained by the plaintiff to
enable plaintiff to reco'er. +hus# if plaintiff6s own conduct is
the cause of the injury there can be no reco'ery.
777 2f plaintiff8s negligence is only contributory 9 he is
considered partly responsible only# may still reco'er from
defendant but must be reduced by the courts in
proportion to his own negligence
C+"#e0, +1 0)+2!&%,e #%(se 9 the ade/uate and
efficient cause which in the natural order of e'ents and
under the particular circumstances surrounding the case#
would naturally produce the e'ent
E. DEFENSES:
1. CON!"B#O!$ NE%&"%ENCE - the theory here is
that the plaintiff was also negligent together with the
defendant: to constitute a defense# proximate cause of
injury/damage must be the negligence of defendant
2. CONC#!!EN NE%&"%ENCE - the theory here is that
both parties are e/ually negligent: the courts will lea'e
them as they are: there can be no reco'ery
3. DOC!"NE O' &() C&E(! C*(NCE - e'en though
a person6s own acts may ha'e placed him in a position
of peril and an injury results# the injured is entitled to
reco'er if the defendant thru the exercise of reasonable
care and prudence might ha'e a'oided injurious
conse/uences to the plaintiff.
777 +his defense is a'ailable only in an action by the
dri'er or owner of one
'ehicle against the dri'er or owner of the other
'ehicle in'ol'ed.
Elements:
a. plaintiff was in a position of danger by his own
negligence
b. defendant ;new of such position of the plaintiff
c. defendant had the least clear chance to a'oid the
accident by exercise of ordinary care but failed to
exercise such last clear chance and
d. accident occurred as proximate cause of such
failure
"ho may invoe# plaintiff
Inapplicable to#
1. joint tortfeasors
2. defendants concurrently negligent
3. as against 3
rd
persons
4. E+E!%ENC$ !#&E 9 a person is not expected to
exercise the same degree of care when he is compelled
to act instincti'ely under a sudden peril because a
person confronted with a sudden emergency may be left
with no time for thought and must ma;e a speedy
decision upon impulse or instinct
%pplicable only to situations that are sudden and
unexpected such as to depri'e actor of all
opportunity for deliberation
<ut action must still be judged by the standard of
the ordinary prudent man
%bsence of forseeability
5. DOC!"NE O' ())#+P"ON O' !"), 9 $olenti non
fit injuria
2
T O R T S AN D D AM A G E S
2ntentional exposure to a ;nown danger
=ne who 'oluntarily assumed the ris; of an injury
from a ;nown danger cannot reco'er in an action for
negligence or an injury is incurred
&laintiff6s acceptance of ris; "by law/contract/nature
of obligation$ has erased defendant6s duty so that
his negligence is not a legal wrong
%pplies to all ;nown danger
>. D#E D"&"%ENCE 9 diligence re/uired by
law/contract/depends on circumstances of persons#
places# things
?. 'O!#"O#) EVEN - no person shall be responsible
for those e'ents which cannot be forseen# or which
through forseen were ine'itable
E2#e0,!+": assumption of ris;
@. D(+N#+ (B)-#E "NJ#!"( 9 a principle that in'ol'es
damage without injury# therefore no liability is incurred:
there is no legal injury
A. &(. 9 specific pro'ision of law
10. E/E!C")E O' D"&"%ENCE O' %OOD '(*E! O'
'(+"&$ "N )E&EC"ON
(ND )#PE!V")"ON O' E+P&O$EE)
11. P!E)C!"P"ON
Injury to right of plaintiff/quasi delict - 4 years
%efamation - 1 year
777 Bhen no specific pro'ision# must be counted from
the day they may be
brought
12. P!O)C!"P"ON (%("N) DO#B&E !ECOVE!$ -
1esponsibility for fault or negligence under /uasi-delict
is entirely separate and distinct from ci'il action arising
from the 1& but plaintiff cannot reco'er damages 2x
for same act or omission of the defendant
012 (C O! O+"))"ON ") NO *E P!O/"+(E C(#)E
O' *E D(+(%E
14. O*E! %!O#ND) 9 MOTION TO DISMISS
a. lac; of jurisdiction o'er person of defendant
b. lac; of jurisdiction o'er subject matter
c. 'enue improperly laid
d. plaintiff has no legal capacity to sue
e. there is another action pending between same
parties for same cause
f. cause of action is barred by prior judgement /statute
of limitations
g. pleading asserting claim states no cause of action
h. claim set forth in pleading has been paid# wai'ed#
abandoned# extinguished
i. claim is unenforceable under the pro'ision of statute
of fraud
j. condition precedent for filing claim has not been
complied with
F. PERSONS LIABLE FOR QUASI DELICT
1. O!'E()O! - Bhoe'er by act or omission causes
damage to another# there being no fault or negligence is
obliged to pay for the damage done "art 21?>$.
2. PE!)ON) V"C(!"O#)&$ &"(B&E 9 the obligation imposed
in 21?> is demandable not only for one6s own act or omission
but also for those persons for whom one is responsible "art
21@0$.
V"C(!"O#) &"(B"&"$ 9 law on imputed
negligence: a person who himself is not guilty
of negligence is made liable for conduct of
another
Reason#
1. public policy 9 deeper poc;et/capacity to
pay
2. 'iolation of duty on account of relationship
9 he is negligent
a$ PARENTS - +he father# and in case of his death or
incapacity# the mother are responsible for damage
caused by,
i. minor children
ii. who li'e in their company
&ote# 'ather and (other shall jointly e)ercise parental
authority over common children* In case of
disagreement+ father,s decision shall prevail (art -..!*
b$ GUARDIANS - Cuardians are liable for damages
caused by the minor or incapacitated persons who are
i. under their authority D
ii. li'e in their company
c$ OWNERS 3 MANAGERS OF
ESTABLISHMENT/ENTERPRISE - =wners D managers
of establishment or enterprise are responsible for
damages caused by their employees
i. in the ser'ice of the branches in which the
latter are employed =1
ii. in occasion of their function
d$ EMPLOYERS - (mployers shall be liable for damages
caused by their employees D household helpers
i. acting w/in the scope of their assigned tas;
ii. e'en though the former are not engaged in
any business or industry "unli;e in 1& 9
subsidiary liability of employer attaches in case
of insol'ency of employer for as long as the
employer is engaged in business/industry$
Defenses available to emplo3ers:
i. exercise of due diligence ins election and
super'ision of employees
ii. act/omission was made outside wor;ing
hours and in 'iolation of
company8s rules and regulations
e$ STATE - +he state is responsible when it acts through a
special agent# but not when the same is caused by an
official to whom tas; done properly pertains in which
case art 21?> is applicable
f$ SCHOOLS4 ADMINISTRATOR4 TEACHER - +eachers
or heads of establishments of arts D trades shall be
liable for damages caused by their
i. pupils# students D apprentices
ii. as long as they remain in their custody
Note:
)amily ode# art 21@ - +he school# its administration D
teachers or the indi'idual# entity or institution engaged in
child care shall ha'e special parental authority D
responsibility o'er the minor child under their
super'ision# instruction or custody "authority D
responsibility shall apply to all authoriEed acti'ities
whether inside or outside the premises or the school#
entity or institution$.
)amily ode# art 21A - those gi'en the authority D
responsibility shall be solidarily D principally liable for
damages caused by act/omission of the unemancipated
minor: parents# judicial guardian or person exercising
substitute parental authority o'er said minor shall be
subsidiarily liable.
D!11e)e"#e -e,.ee" A),!#es $56 3 $567
A), $56 A), $567
.chool# admin# teachers
engaged in child care are
made expressly liable
+eachers# head of
establishment in %rts and
trades are made expressly
liable
Fiability of school# admin#
teachers is solidary and
parents are made subsidiary
liable
!o such express solidary nor
subsidiary liability is stated
.tudents in'ol'ed must be
minor
.tudents in'ol'ed not
necessarily minor
Iss(es:
3
T O R T S AN D D AM A G E S
1. 45et5er or not sc5ools are liable6 9
ge" )(e: schools are not liable as party
defendants
e2#e0,!+":
a$ 'C 708 9 schools are expressly made
liable
b$ )t2 'rancis case ruling 9 school6s liability
as employer
c$ P)B( case ruling 9 school has liability
based on contract
S+ ,8%, 9
a$ if culprit is a teac5er# follow .t. )rancis ruling
"sue school as employer$
b$ if culprit is a stranger# follow &.<% ruling "sue
school based on contract$
c$ if culprit is a student - apply 21@0
$. does 7089 appl3 to sc5ool of arts : trades
onl36
!o. applies to all including academic institution per
weight of jurisprudence based on obiter of Gustice
G<F 1eyes in the (xconde case
3. basis of liabilit3 of teac5er 9 principle of loco
parentis "stand in place of parents$
;2 so long as t5e3 remain in t5eir custod3
not literal anymore: before, boarding D
li'ing with teacher due to peculiar
characteristic of trade D arts school
as long as they are in the protective+
supervisory capacity of teacher 9 special
parental authority
12 PE!)ON) E/P!E))&$ +(DE &"(B&E B$ &(. <even
4it5out fault=
a. POSSESSOR OF AN ANIMAL OR WHOEVER MA:ES
USE OF THEM EVEN
IF THE ANIMAL IS LOST OR ESCAPED
Except:
1. )orce majeure
2. )ault of the injured/damaged person
b. OWNER OF MOTOR VEHICLE - In motor vehicle
mishap+ the owner is solidarily
liable with the driver if#
1. he was in the 'ehicle# and
2. could ha'e through due diligence
pre'ented the misfortune
c. MANUFACTURERS 3 PROCESSORS OF
FOODSTUFFS4 DRIN:S4 TOILET ARTICLES 3
SIMILAR GOODS
- they are liable for death and injuries caused by
any noxious or harmful
substances used although no contractual relation
exists between them and
the consumers
d. DEFENDANT IN POSSESSION OF DANGEROUS
WEAPONS OR SUBSTANCES4 SUCH AS FIREARMS
AND POISON
- there is prima facie presumption of negligence on
the part of defendant if
death or injury results from such possession
Exception: +he possession or use thereof is
indispensable in his occupation or business
e. PROVINCES4 CITIES 3 MUNICIPALITIES
- shall be liable for damages for the death or injuries
suffered by any person by reason of the defecti'e
condition of roads# streets# bridges# public
buildings# and other public wor;s under their
control or super'ision
f. PROPRIETOR OF BUILDING OR STRUCTURE
- responsible for the damages resulting from any of
the ff*#
i. total or partial collapse of building or structure if due
to lac; of necessary repairs
ii. explosion of machinery which has not been
ta;en cared of with due diligence# and the
inflammation of explosi'e substances which
ha'e not been ;ept in a safe and ade/uate
place
iii. by excessi'e smo;e# which may be harmful to
persons or property
i'. by falling of trees situated at or near highways
or lanes# if not caused by force majeure
'. by emanations from tubes# canals# sewers or
deposits of infectious matter# constructed
without precautions suitable to the place
g. ENGINEER4 ARCHITECT OR CONTRACTOR
- if damage of building or structure is caused by
defect in construction which
happens within 15 years from construction: action
must be brought within 10
years from collapse
h. HEAD OF FAMILY THAT LIVES IN A BUILDING OR
PART THEREOF
- liable for damages caused by things thrown or
falling from the same
G. SPECIAL TORTS
1. A), 5;4 $74 $5 "catch-all pro'ision$
a. ABUSE OF RIGHTS <A), 5;=
E&E+EN):
i. +here is a legal right or duty
ii. Bhich is exercised in bad faith
iii. )or the sole intent of prejudicing or
injuring another
b. GENERAL SANCTION <A),. $7=
- for all other pro'isions of law which do not
especially pro'ide their own sanction
E&E+EN):
i. 2n the exercise of his legal right or duty
ii. Billfully or negligently causes damage
to another
c. CON!( BON#) +O!E) <ART $5$
E&E+EN):
i. +here is an act which is legal
ii. <ut which is contrary to morals# good
custom# public order or public policy
iii. %nd it is done with intent to injure
2. UN>UST ENRICHMENT
- %rts. 22# 23# 2142 D 2143
3. OSTENTATIOUS DISPLAY OF WEALTH
- %rt. 25: thoughtless extra'agance for pleasure or display during
a period of public want or emergency
4. VIOLATION OF RIGHT OF PRIVACY AND FAMILY
RELATIONS
(rt 7> - e'ery person shall respect the dignity# personality#
pri'acy and peace of
mind of his neighbors and other persons.
/he ff* acts though they may not constitute a criminal
offense+ shall produce a cause of action for damages+ prevention
and other relief#
i. prying into the pri'acy of another8s
residence
iii. meddling with or disturbing the pri'ate
life or family relations of
another
iii. intriguing to cause another to be alienated
from his friends
i'. 'exing or humiliating another on
account of his religious beliefs# lowly
station in life. &lace of birth# physical
defect# or other personal condition
5. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS
- *ay be brought by any person suffering from
material or moral loss because a public ser'ant
refuses or neglects# without just cause to perform
his official duty "art 2?$.
!E-#")"E):
a. defendant is a public officer charged with the
performance of a duty in fa'or of the plaintiff
4
T O R T S AN D D AM A G E S
b. he refused or neglected without just cause to
perform such duty "ministerial$
c. plaintiff sustained material or moral loss as
conse/uence of such non-performance
d. the amount of such damages# if material
5. UNFAIR COMPETITION
- Hnfair competition in agricultural# commercial or industrial
enterprises or in labor through the use of force# intimidation#
deceit. *achination or other unjust# oppressi'e or highhanded
method "%rt 2@$
?. MALICIOUS PROSECUTION
E&E+EN)?
a. that the defendant was himself the prosecutor/ he
instigated its commencement
b. that it finally terminates in his ac/uittal
c. that in bringing it the prosecutor acted without
probable cause# and
d. that he was actuated by legal malice# that is# by
improper and sinister moti'e
@. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER
PERSON
A. NUISANCE
a. DEFINITION 0 any act+ omission+ establishment+
condition of property+ or anything else which#
i. injures or endangers the health or safety to
others# or
ii. annoys or offends the senses# or
iii. shoc;s# defies# or disregards decency or
morality# or
i'. obstructs or interferes with the free passage of
any public highway or streets# or any body
of water
'. hinders or impairs use of property
b. :INDS,
NUISANCE PER SE - denounced as nuisance by
common law or by statute
NUISANCE PER ACCIDENS - those which are in their
nature not nuisances# but may become so by reason of
their locality# surroundings# or the manner in which they
may be conducted# managed# etc.
PUBLIC - affects a community or neighborhood or any
considerable number of persons
REMEDIES AGAINST PUBLIC NUISANCES
1. &rosecution under the 1& or any local
ordinance
2. i'il action
3. %batement# without judicial proceeding
WHO MAY AVAIL OF REMEDIES
1. Public officers
2. Private persons - if nuisance is specially injurious
to himself1 the ff* steps
must be made#
i. demand be first made upon owner or
possessor of the property to abate the
nuisance
ii. that such demand has been rejected
iii. that the abatement be appro'ed by the
district health officer and executed
with the assistance of local police
i'. that the 'alue of destruction does not
exceed &3#000
PRIVATE - one that is not included in the foregoing
definition: affect an indi'idual
or a limited number of indi'iduals only
REMEDIES AGAINST PRIVATE NUISANCES
"1$. i'il action
"2$. %batement# without judicial proceedings
WHO MAY AVAIL OF REMEDIES
"1$. Public officers
"2$. Private persons - if nuisance is specially
injurious to himself1 the ff*
steps must be made#
"a$ demand be first made upon owner or possessor of the property
to abate the nuisance
"b$ that such demand has been rejected
"c$ that the abatement be appro'ed by the district health officer
and executed with the assistance of local police
"d$ that the 'alue of destruction does not exceed &3#000
b. DOCTRINE OF ATTRACTIVE NUISANCE
- a class of cases within the general rule that one is
liable for the injury resulting to another from failure to
exercise the degree of care commiserate with the
circumstances
the attracti'eness of the premises or of
the dangerous instrumentality to children
of tender years is to be considered as an
implied in'itation# which ta;es the children
who accepted it out of the category of a
trespasser and puts them in the category
of in'itees# towards whom the owner of
the premises or instrumentality owes the
duty of ordinary care
H. DAMAGES
:!"/s +1 D%&%ges: <MENTAL=
*=1%F
(3(*&F%1I
!=*2!%F
+(*&(1%+(
%+H%F
F24H25%+(5
1. ACTUAL/COMPENSATORY
- adequate compensation for
a$ the 'alue of loss suffered
b$ profits which obligee failed to obtain
Exception:
a. pro'ided by law
b. by stipulation
WHAT MUST BE DONE TO COLLECT ACTUAL
DAMAGES:
02= Plead or allege t5e loss
GENERAL DAMAGE - natural# necessary and
logical conse/uences of a particular wrongful
act which result in injury: need not be
specifically pleaded because the law itself
implies or presumes that they resulted from the
wrongful act
SPECIAL DAMAGES - damages which are the
natural# but not the necessary and ine'itable result
of the wrongful act: need to be pleaded
72= Pra3 for t5e relief t5at claim for loss be granted
12= Prove t5e loss
WHEN LOSS NEED NOT BE PROVED:
1.$ Fi/uidated damages pre'iously agreed upon:
li/uidated damages ta;e the place of actual
damages except when additional damages
incurred
2.$ 2f damages other than actual are sought
3.$ Foss is presumed "ex, loss if a child or spouse$
4.$ )orfeiture of bonds in fa'or of the go'ernment
for the purpose of promoting public interest or
policy "ex, bond for temporary stay of alien$
5
T O R T S AN D D AM A G E S
CONTRACTS 3 QUASI CONTRACTS
02 Damages in case of %ood fait5 -
a. !atural and probable conse/uence of breach of
obligation# and
b. &arties ha'e forseen or could ha'e reasonably
forseen at time obligation was constituted
72 Damages in case of bad fait5
a. it is sufficient that damages may be reasonably
attributed to the non-performance of the obligation
CRIMES 3 QUASI-CRIMES
defendant is liable for all damages that are natural and
probable conse/uence of the act/omission complained of
not necessary that damages ha'e been forseen or could
ha'e been reasonably forseen
a$ VALUE OF LOSS SUFFERED - 5estruction of
things# fines or penalties#
medical D hospital bills# attorney8s fees# interests#
cost of litigation
D%&%ges )e#+ve)%-e:
02 +edical : *ospital Bills
72 &oss or impairment of earning capacit3 <in case of
p53sical disabilit3=
12 Damages for deat5
a$ *inimum amount, &50#000
b$ Foss of earning capacity unless deceased had
permanent physical disability not caused by
defendant so that deceased had no earning
capacity at time of death
c$ .upport# if deceased was obliged to gi'e support
"for period not more than 5 years$
d$ *oral damages
;2 (ttorne3@s fees
- as a general rule# attorney8s fees "other than judicial
costs$ are not reco'erable# except:
a$ stipulation between parties
b$ when exemplary damages are awarded
c$ when defendant8s act/omission compelled plaintiff to
litigate with 3
rd
persons or incur expenses to protect
his interest
d$ malicious prosecution
e$ clearly unfounded ci'il action or proceeding against
plaintiff
f$ defendant acted in gross D e'ident bad faith in
refusing to satisfy plaintiff8s just D demandable claim
g$ legal support actions
h$ reco'ery of wages of household helpers# laborers D
s;illed wor;ers
i$ actions for indemnity under wor;men8s
compensation and employer liability laws
j$ separate ci'il action to reco'er ci'il liability arising
from crime
;$ when double judicial costs are awarded
A2 Judicial costs
>2 interest
- discretionary on part of the court
b$ UNREALI?ED PROFITS - future earnings
WHEN IS DAMAGES MITIGATED:
02 Contributor3 negligence
72 "n contracts2 -uasi-contracts and Buasi-delict -
a. plaintiff has contra'ened the terms of contract
b. plaintiff deri'ed some benefit as result of
contract
c. in case where exemplary damages are to be
awarded# that the defendant acted upon the
ad'ise of counsel
d. that the loss would ha'e resulted in any e'ent
e. that since the filing of the action# the defendant
has done his best to lessen the plaintiff8s loss or
injury
2. MORAL DAMAGES - "&<*)-*B..$
a. &hysical suffering
b. <esmirched reputation
c. *ental anguish
d. )right
e. *oral shoc;
f. Bounded feelings
g. .ocial humiliation
h. .erious anxiety
Notes:
2entimental value of real or personal property may
be considered in adjudicating moral damages
+he social and economic/financial standing of the
offender and the offended party should be ta;en into
consideration in the computation of moral damages
(oral damages is awarded only to enable the
injured party to obtain means# di'ersions or
amusements that will ser'e to alle'iate the moral
suffering he has undergone# by reason of
defendant8s culpable action and not intended to
enrich a complainant at the expense of defendant
IN WHAT CASES MAY MORAL DAMAGES BE
RECOVERED (enumeration not e)clusive!#
a. riminal offense resulting in physical injuries
b. 4uasi-delicts causing physical injuries
c. .eduction# abduction# rape or other acts of
lasci'iousness
d. %dultery and concubinage
e. 2llegal or arbitrary detention or arrest
f. 2llegal search
g. Fibel# slander or other form of defamation
h. *alicious prosecution
i. %cts mentioned in art 30A of the 1& relating to
disrespect of the dead and interference with funeral
j. %cts and actions referred to in arts 21# 2># 2?# 2@#
2A# 30# 32# 34 and 35
;. +he parents of the female seduced# abducted#
raped# or abused
l. .pouse# descendants# ascendants and brother and
sisters for acts mentioned in art 30A
m. %rt 2220 - in cases of willful injury to property or
breaches of contract where defendant acted
fraudulently or in bad faith
@. NOMINAL DAMAGES
- adjudicated in order that a right of the plaintiff# which has been
'iolated or in'aded by the defendant# may be 'indicated or
recogniEed# and not for the purpose of indemnifying the plaintiff
for any loss suffered by him
ELEMENTS:
a. &laintiff has a right
b. 1ight of plaintiff is 'iolated
c. &urpose is not to identify but 'indicate or recogniEe
right 'iolated
4. TEMPERATE OR MODERATE DAMAGES
- more than nominal but less than compensatory where some
pecuniary loss has been suffered but its amount can8t be pro'ed
with certainty due to the nature of the case
REQUISITES:
a. .ome pecuniary loss
b. Foss is incapable of pecuniary estimation
c. *ust be reasonable
5. LIQUIDATED DAMAGES
- those agreed upon by the parties to a contract# to be paid in
case of breach thereof
WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY
REDUCED:
a. ini/uitous or unconscionable
b. partial or irregular performance
>. EAEMPLARY OR CORRECTIVE DAMAGE
>
T O R T S AN D D AM A G E S
- imposed by way example or correction for the public good# in
addition to the moral# temperate# li/uidated to compensatory
damages.