ACTIONS IN CASE OF BREACH

CULPA CONTRACTUAL VS. CULPA AQUILANA

CULPA CONTRACTUAL CAUSE OF ACTION WHAT ARE YOU ASKING FOR? WHO IS LIABLE? Breach of Contract Declaration of Breach of Contract and Damages Employer/Operator or the Other Party in the Contract Direct, Immediate and Primary, once the fact of being a passenger and the injury/death is proven
*Exercise of Extraordinary Diligence *Fortuitous Event

CULPA AQUILANA Negligence or Fault Damages

Employer or Employee

LIABILITY OF THE EMPLOYER

Presumed, once you prove the negligence of the driver

*Exercise of Diligence of a Good Father of a Family *Last Clear Chance, Assumption of Risk, Emergency Rule, Res Ipsa Loquitor

CULPA AQUILANA VS. CULPA CRIMINAL

CULPA AQUILANA ACTION Separate Civil Action CULPA CRIMINAL Civil Action deemed instituted with the criminal action, unless expressly reserved

EVIDENCE LIABILITY OF THE EMPLOYER

Preponderance of Evidence Proof Beyond Reasonable Doubt Presumed, once you prove the negligence of the driver Subsidiary Liability
-there is a criminal act -there exists ER-EE relationship -there is conviction of the crime charged & award of damages -EE is insolvent, sue ER for recovery of damages subject to reimbursement

DEFENDANTS

Employer/Employee

Employee Only (Driver)

DAMAGES IN CASE OF BREACH

GENERAL PRINCIPLES
Concept
Connotes injury or loss on one hand, on the other, to compensate for such injury or loss. It is the sound discretion of the court that will decide what is mutually fair.

Purpose
To compensate the plaintiff for the loss or injury that he suffered, not to enrich him, or to impose a penalty on the wrongdoer

GENERAL PRINCIPLES
Damage vs. Injury
Damage: amount of money awarded by the court to compensate for the loss or injury suffered Injury: refers to the legal wrong to be redressed There can be damage without injury (damnum absque injuria)

DAMAGES
M E N T A L oral xemplary or Corrective ominal emperate or moderate ctual or Compensatory iquidated

ACTUAL OR COMPENSATORY
Except as provided by law or stipulations, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. (Art. 2199) Indemnification for damages shall comprehend not only the
Value of the loss suffered but also Profits which the obligee failed to obtain (Art. 2200)

Actual Proof needed

LIQUIDATED DAMAGES
Where actual damages need not be proved in case liquidated damages had been previously agreed upon

MORAL DAMAGES
No proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated or exemplary damages may be adjudicated The assessment of such damages, except liquidated ones, is left to the discretion of the court, according to the circumstances of each case.

MORAL DAMAGES
Include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, similar injury Though incapable of pecuniary computation, moral damages may be recovered if hey are the proximate result of the defendants wrongful act or omission

NOMINAL DAMAGES
Adjudicated in order that a right of the plaintiff which has been violated or invaded by the defendant, may be vindicated or recognized and not for the purpose of indemnifying the plaintiff for any loss suffered by him (Art. 2221) Adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns (Art. 2223) Grant of nominal damages is a bar to recovery of actual, moral and temperate damages.

TEMPERATE OR MODERATE DAMAGES

Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty Must be reasonable under the circumstances Also a form of actual damages but it just cannot be ascertained

TEMPERATE OR MODERATE DAMAGES

Important Requisites:
The court is convinced that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty This happens when it is difficult to show certainty in terms of money, any injury to ones business or goodwill

EXEMPLARY DAMAGES
Imposed by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages Cannot be recovered as a matter of right; the court decides whether or not they should be adjudicated
Criminal cases: ED may be imposed as part of the civil liability when the crime was committed with 1 or more aggravating circumstances

EXEMPLARY DAMAGES
Quasi-delicts: ED may be granted if defendant acted with gross negligence Contract & Quasi-contracts: may be granted if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner *While the amount of exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before awarding ED. *In case liquidated damages have been agreed upon, it is still necessary that the plaintiff must show that he is entitled to moral, temperate or compensatory damages before awarding ED

ATTORNEYS FEES AND EXPENSES

In the absence of stipulation, it cannot be recovered. EXCEPT:
1. Award of Exemplary Damages 2. Plaintiff was compelled to litigate with third persons or to incur expenses to protect his interest. 3. Malicious prosecution in criminal cases 4. Unfounded civil action

ATTORNEYS FEES AND EXPENSES

EXCEPT:
5. Gross and evident bad faith of the defendant in refusing to satisfy plaintiffs valid. Just and demandable claim. 6. Action for legal support 7. Recovery of wages of house helpers, laborers and skilled laborers 8. Indemnity under the Workmens Compensation Act and Employers liability laws

ATTORNEYS FEES AND EXPENSES

EXCEPT:
9. Separate Civil Action to recover civil liability arising from a crime 10. Double judicial costs are awarded 11. Where the court deems it just and equitable
*In all cases, the attorneys fees and expenses for litigation must be REASONABLE.

DAMAGES
Nominal Violation of a Right Damages Suffered Pecuniary Estimation Cases Applicable Additional Damages Special Requirem ents / *Agreement
of parties *Substitute for all damages

Temperate

Liquidated

Actual / / / proven
*If speculative, cannot be awarded, except if there is bad faith *Attys fees cant be recovered, except Art. 2208,CC

Moral / / X 50-70k in
ordinary cases

Exemplary / / x / Wanton
Reckless Disregard

/ x

/ / x

/ / / or x

/ Article 22192220

/ Cannot stand
alone

Attorneys Fees under Article 2208