What are the different kinds of damages which might be recovered by the active subject under the Civil Code of the Philippines?Asked by: Prof. Josianne Gaylord | Last update: February 19, 2022
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In Philippine laws, there are six kinds of damages, namely: ... Exemplary or corrective Damages. Liquidated Damages. Nominal Damages.
What are the different kinds of damages which might be recovered by the active subject?
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
What are the different kinds of damages?
- ACTUAL/ COMPENSATORY DAMAGES. Purpose. Actual or compensatory damages simply make good or replace the loss caused by the wrong. ...
- MORAL DAMAGES. Purpose. ...
- NOMINAL DAMAGES. Purpose. ...
- TEMPERATE DAMAGES. Purpose. ...
- LIQUIDATED DAMAGES. Purpose. ...
- EXEMPLARY/CORRECTIVE DAMAGES. Purpose.
What are the different kinds of damages in the Civil Code?
- Compensatory Damages (also called “Actual Damages”) ...
- The two types of compensatory damages for pecuniary loss are: ...
- General Damages (also called “Non-Pecuniary Damages”) ...
- Pecuniary Damages (also called “Special Damages”) ...
- Liquidated Damages.
What are three types of damages recoverable in a lawsuit?
There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive.
Contract Law - Chapter 8: Damages (Degree - Year 1)
What are the 3 types of compensatory damages?
The three types of damages are economic damages, non-economic damages, and punitive damages.
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 ...
What are the damages that may be recovered in criminal cases?
- Actual or compensatory Damages.
- Moral Damages.
- Exemplary or corrective Damages.
- Liquidated Damages.
- Nominal Damages.
- Temperate or moderate Damages.
What are the various kinds of damages how damages differ from compensation?
Damages are awarded for suffering injury while compensation stands on a higher footing. Compensation aims to place the injured party back in a position as if the injury has not taken place by way of pecuniary relief for the caused injury.
How can a person recovered from moral damages?
Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission.
What are substantial damages?
Substantial damages are awarded as a means to compensate a plaintiff where they have suffered an actual loss. Substantial damages can be either general or special. ... General damages are more difficult to quantify as they cover damages for pain, suffering or loss of expectation of life.
What are the two types of damages?
Generally, there are two types of damages: compensatory and punitive. (The term "damages" typically includes both categories, but the term, "actual damages" is synonymous with compensatory damages, and excludes punitive damages.)
What are general damages?
Damages that arise directly and inevitably from a breach of contract. In other words, those damages that would be theoretically suffered by every injured party under these circumstances.
What are the 4 types of damages available for breach of contract?
There are many types of damages for breach of contract that you may receive should a breach occur, these being meted out both to deter parties from breaking contracts and to compensate parties should a contract be broken. The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.
What are the two types of compensatory damages quizlet?
What are compensatory damages and its two types? Compensatory damages are paid to compensate the plaintiff for loss, injury or harm suffered. Compensatory damages in tort are referred to as reliance damages. Compensatory damages in contract are referred to as expectation damages.
What are examples of nominal damages?
- The value of the loss cannot be determined;
- The contract case is also combined with a tort claim. Common examples include fraud or coercion; and. ...
- The defendant acted in bad faith during contract negotiations or when executing their obligations under the contract.
What is different between damage and damages?
Damage means “loss or injury to a person or property”. It is an uncountable singular noun and has no plural form. ... Damages means “money claimed by, or ordered to be paid to, a person as compensation for loss or injury”. It is an uncountable plural noun and has no singular form.
What are the various types of damages in contract Act 1872?
Damages can be caused in two ways: consequential or incidental. The estimated money should equal the harm or detriment suffered by either party, as directed by law. The non-performance or non-compliance of either party with the terms of the contract results in restitution or compensation.
Are damages and compensation the same?
Generally, the purpose of an award of damages for breach of contract is to compensate the injured party. ... Damages are usually awarded for expectation loss (loss of a bargain) or reliance loss (wasted expenditure). In some cases the court may award damages which go beyond a strict measure of compensation.
In what situation may moral damages be recovered in case of breach of contract?
Only as an exception, moral damages may be recovered in an action for breach of contract of carriage when the mishap results in death or if the carrier acted fraudulently or in bad faith.
What are nominal damages?
A trivial sum of money awarded to a plaintiff whose legal right has been technically violated but who has not established that they are entitled to compensatory damages because there was no accompanying loss or harm. ... Barker the court held that the plaintiff was entitled to nominal damages of $100.
What are general and special damages?
In tort law, special damages are damages like car dents or medical expenses that can actually be ascertained, and they are contrasted with general damages, which refer to damages for things like intentional infliction of emotional distress which do not have a set monetary cost.
What are compensatory damages also known as?
Also known as actual damages. The amount of money awarded to a party in a civil action to compensate for an injury or loss caused by another party's unlawful conduct. The purpose of compensatory damages is to make the claimant "whole," not to punish the wrongdoer.
Which of the following would be classified as general damages?
General damages include pain and suffering, mental anguish, and loss of companionship. Special damages are awarded for out-of-pocket or economic losses such as medical costs, loss or income, or damage to property.
Are compensatory damages general damages?
Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress.