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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Hot Water Case: 10 yr old v. airline

The airline is in hot water.

A 10-year old girl reportedly suffered 2nd degree burns while on flight from Bangkok to Manila on board a domestic airline. When she was served with her requested “hot water”, she accidentally spilled the contents on herself resulting in the injuries on her left thigh and leg. In response, the airline crew allegedly insisted that she was served only with “warm water”. (Read: News Report.)

To make things more interesting (or worse for the airline), the little girl happens to be a granddaughter of a Cebu-based mall tycoon whose group owns, runs, and operates a family-owned chain of malls in the Visayas and Mindanao. A tort case from a wealthy family will cause serious problems.

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