OBLICON: Damages

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11 Terms

1

Article 1170

Those who in the performance of their obligation are guilty of fraud, negligence or delay, and those who in any manner contravene the tenor, thereof, are liable for damages

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2

Damage

refers to the harm done

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3

Damages

refers to he sum of money that me be recovered in reparation for the harm done.

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4

Injury

Refers to the wrongful, unlawful or tortious act which causes loss or harm to another.

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5

Damnum Absque Injuria

Damage without injury

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6

Actual/Compensatory Damages

  • Refer to the pecuniary loss that was actually incurred by the plaintiff.

  • Actual value of the loss suffered and profits not realized

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7

Moral Damages

Include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation basta sa moralidad.

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8

Nominal Damages

Damages awarded to a party whose right has been violated

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9

Temperate or Moderate Damages

more than nominal but less than actual damages.

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10

Liquidated Damages

Damages agreed upon by parties to a contract, to be paid in case of breach.

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11

Exemplary or Corrective Damages

These are imposed by way of example or correction for public good, in addition to the moral, temperate, liquidated or compensatory damages.

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