What are the different kinds of damages under the civil code?

Asked by: Prof. Candice Kuhlman  |  Last update: August 15, 2022
Score: 4.9/5 (34 votes)

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What are the damages in the Philippines under civil Code?

Legal Meaning of Damages in the Philippines

No. 121484, 31 January 2005), as the sum of money which the law awards or imposes as a pecuniary compensation, a recompense, or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortious act.

What are the 5 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What are the different types of damages in civil lawsuits?

There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive.

What are the four types of damages?

One of the most common remedies comes in the form of damages, or monetary awards, which are further broken down into four general categories.
  • Compensatory Damages. Compensatory damages (or “actual damages”) are specifically meant to make up for the plaintiff's losses. ...
  • Punitive Damages. ...
  • Liquidation Damages. ...
  • Nominal Damages.

DAMAGES|KINDS|CIVIL LAW REVIEW

23 related questions found

What are the 6 types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What are the 3 types of damages?

Types of Damages
  • COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages. ...
  • GENERAL. General damages are sought in conjunction with compensatory damages. ...
  • PUNITIVE. Punitive damages are meant to punish a Defendant for particularly egregious conduct.

What are the two types of damages?

The three types of damages are economic damages, non-economic damages, and punitive damages.

What are the 3 types of compensatory damages?

First, it's critical to understand the two types of compensatory damages.
  • Actual (or Special) Compensatory Damages. ...
  • General Compensatory Damages. ...
  • Calculating Compensatory Damages. ...
  • Punitive Damages.

What are the 4 types of damages available for breach of contract?

Today, we're looking into four types of damages you may be able to receive in a breach of contract case.
  • Compensatory damages. ...
  • Punitive damages. ...
  • Nominal damages. ...
  • Liquidated damages.

What are the types of general damages?

Types of General Damages
  • physical pain and suffering.
  • physical disfigurement.
  • physical impairment.
  • mental anguish.
  • loss of companionship (paid to family members in wrongful death cases), and.
  • lowered qualify of life.

What are general damages in law?

General damages compensate an injured person for their pain and suffering, mental anguish, loss of amenity, or loss of recreation. General damages are financial compensation for reduced enjoyment of life or the inability to do the activities you could prior to being hurt.

What is meant by damages and what are its types?

General damages refer to those damages which arose naturally during the normal course of the events. Special damages are those that do not, of course, arise from the breach of the defendant and can only be recovered if they were in the reasonable consideration of the parties at the time they made the contract.

What are the grounds for damages under Article 1170 of the Civil Code of the Philippines discuss each grounds extensively?

ART. 1170. Those who in the performance of their obligations are guilty of fraud, negligence or delay, and those who in any manner contravene the tenor thereof, are liable for damages.

What is damage to property in the Philippines?

Article 327 of the Penal Code provides "Any person who shall deliberately cause to the property of another any damage not falling within the terms of the next preceding chapter, shall be guilty of malicious mischief.

What are examples of nominal damages?

For example, an injured plaintiff who proves that a defendant's actions caused the injury but fails to submit medical records to show the extent of the injury may be awarded only nominal damages.

What are compensatory and punitive damages?

Compensatory And Punitive Damages

The compensatory damages awarded to plaintiffs are designed to give justice to them after being wronged. Punitive damages are designed to prevent others from being hurt by the same or similar actions.

What three 3 Things Must a court consider in reviewing punitive damages?

To ensure that unconstitutional punishment is not imposed in the form of punitive damages, the Court has set forth three "guideposts" for courts to consider in reviewing punitive damages awards: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm ...

What are some examples of compensatory damages?

For example, if the plaintiff was badly frightened and suffered nightmares, increased blood pressure, or other anxiety related symptoms which prevented him from working or fully enjoying his life, he could seek damages for "emotional distress." If any of his property was damaged, compensatory damages could also include ...

What is the difference between nominal and punitive damages?

Nominal damages are damages in name only, a trifling sum awarded to recognize an infringement of rights without resulting substantial loss or injury. Punitive damages are a penalty used where a defendant's conduct has been particularly egregious, vindictive, or malicious; they are not compensation for injury.

What are punitive damages in law?

Related Content. Also known as exemplary damages. The amount of money awarded to the claimant in civil litigation to punish the wrongdoer and to deter the wrongdoer and others from engaging in unlawful conduct in the future.

What is the difference between incidental damages and consequential damages?

The difference between incidental and consequential damages is the cause of the expense or loss. Incidental damages are the direct result of one party's breach of contract. Consequential damages are more indirect, being incurred not as a result of the breach itself, but due to the end result of the breach.

What are the types of tort damages?

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts.

What are your damages?

Damages refer to the money that the law permits victims to recover when it is proven that a defendant has breached their duty towards another party or committed a violation of some right. There are three types of personal injury damages: general, special, and punitive.

What are the three basic types of damages that a plaintiff can recover in a tort action and what is the purpose of each?

The law recognizes three major categories of damages: Compensatory Damages, which are intended to restore what a plaintiff has lost as a result of a defendant's wrongful conduct; nominal damages, which consist of a small sum awarded to a plaintiff who has suffered no substantial loss or injury but has nevertheless ...