Actual damages

Actual or compensatory damages is award to aperson who is entitled “to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved” except as otherwise provided by law or by stipulation.[1] Actual or compensatory damages include the value of the loss suffered and the profits which the injured party failed to obtain.[2]

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Moral damages: Compensation Amount for Wounded Feelings

Moral damages - legalaspects.ph

Moral damages include the “physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.”[1]

While they cannot be specifically known as to the amount or compensation/recompense, moral damages may be recovered in a case once it is shown that they are the “proximate result” of the defendant’s wrongful act or omission.[2]

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Damage and Damages

What constitute damages

Damages are the “pecuniary compensation, recompense or satisfaction for an injury sustained or, as otherwise expressed, the pecuniary consequences, which the law imposes for the breach of some duty or the violation of some right.”[1] To be entitled to damages, these two requisites must be present: (a) a right of action for a legal wrong inflicted, and (b) damage resulting to plaintiff as a result thereof.[2] Under the Civil Code, these are the various forms of damage: moral, actual or compensatory, nominal, temperate, liquidated, exemplary.

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Philippine Tort: Quasi-Delict

A quasi-delict or tort is “the wrongful act or negligent act or omission which creates a vinculum juris and gives rise to an obligation between two persons not formally bound by any other obligation.”[1] Hence, a person is liable for damages against another who suffers damage as a result of the former’s acts or omissions which are the proximate cause, whether the same is due to negligence or fault, and there is no pre-existing contractual relation between the two persons.[2]

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Reinsurance

A contract of reinsurance is “one by which an insurer procures a third person to insure him against loss or liability by reason of such original insurance.”[1]

Except as otherwise provided under automatic reinsurance treaties, a reinsurer who obtained reinsurance is required to communicate all the representations of the original insured, as well as all  the knowledge and information he possesses, whether previously or subsequently acquired, which are material to the risk.[2]

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