BUKIDNON STATE UNIVERSITY

COLLEGE OF LAW
Law 315: TORTS AND DAMAGES
2ND SEMESTER AY 2020-2021

MODULE 3:
PART ONE:
The kinds and scope of damages are the following.

Kind Nature Scope

Designated to Physical suffering,
compensate the mental anguish, fright,
Moral claimants for the actual anxiety, besmirched
injury and is not meant refutation, wounded
to enrich the feelings, moral shock,
complainant at the social humiliation and
expense of the similar injury.
defendant.
“Punitive damages” are Injury on the feelings
intended to serve as a and for the sense of
deterrent to serious indignity and
Exemplary
wrongdoings and as a humiliation suffered by
vindication of undue a person as result of an
suffering and wanton injury that has
invasion of the right of maliciously and
an injured or wantonly inflected-such
punishment for the circumstances as
guilty of outrageous willfulness, wantonness,
conduct. malice, gross
negligence, or
recklessness, oppression
insult or fraud-gross
fraud-that intensifies the
injury.
A substantial claim and Every obligation arising
are damages in name from law, contract,
only and not in fact, and quasi-contract; acts or
Nominal
are allowed, not as an omissions punished by
equivalent of wrong law; and quasi-delict.
inflicted, but simply in
Ephraim S. Lesigon

recognition of the
existence of a technical
injury.

More than a nominal Awarded when the

Temperate damages but less than plaintiff was not able to
compensatory damages, prove the amount of the
may be recovered when actual damages,
the court finds some pecuniary loss had been
pecuniary loss has been inflicted upon the
suffered but its amount plaintiff, however, due
can not, from the nature to the insufficiency of
of the case, provided evidence, the Court
with certainty. could not place its
amount with certainty.
Indemnification is The loss of what a
meant to compensate for person already possess,
Actual/compensatory the injury inflicted and and the other is the
not to impose a penalty. failure to receive as a
benefit that would have
pertained to him.

Prepared by:
Ephraim S. Lesigon