What is exemplary damages in the Philippines?

What is exemplary damages in the Philippines?

In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. Article 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.

What is an example of exemplary damages?

Punitive damages are also called “exemplary damages,” which are damages assessed in the legal process to punish a defendant for negligence. The defendant is usually a company or other large entity. Examples would medical malpractice cases or product liability cases.

What does exemplary damages mean in law?

Exemplary damages definition What are exemplary damages? The punitive and exemplary damages definition is as follows: an award given to victims when the conduct of the individual who caused the victim harm is willfully malicious, violent, oppressive, fraudulent, wanton, or grossly reckless.

What are exemplary damages and in what circumstances are exemplary damages granted?

“[33] The exemplary damages or punitive damages—the two terms now regarded as interchangeable—are additional damages awarded with reference to the conduct of the defendant, to signify disapproval, condemnation or denunciation of the defendant’s tortious act, and to punish the defendant.

What is exemplary or corrective damages?

Exemplary or corrective damages are imposed, by way of example or correction of the public good, in addition to moral, temperate, liquidated or compensatory damages.

When can exemplary damages be claimed?

Exemplary damages could be awarded in an action of tort where the defendant has not only committed a legal wrong but has also behaved in an outrageous and insulting manner.

Should exemplary damages be awarded?

Arguments In Favour Of Exemplary Damages An award of exemplary damages can therefore place a plaintiff in a better position than what he or she was in prior to the wrongdoing, this deterring the defendant by punishing him or her further.

What are quantifiable damages?

Special damages compensate the claimant for the quantifiable monetary losses suffered by the plaintiff. For example, extra costs, repair or replacement of damaged property, lost earnings (both historically and in the future), loss of irreplaceable items, additional domestic costs, and so on.

Why are exemplary damages awarded?

What is moral and exemplary damages?

The deprivation of economic compensation caused mental anguish, fright, serious anxiety, besmirched reputation, and wounded feelings. All these are grounds for an award of moral damages under the Civil Code.82. II. Montinola is also entitled to exemplary damages.