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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