Torts & Damages 2012-2013

Report on Damages

Definition Damages is the detriment, injury or loss which are occasioned by reason of fault of another in the property or person. Of whatsoever the nature the damage be, and from whatsoever cause it may proceed, the person who has done the injury ought to repair it by an indemnity proportionate to his fault 1 and to the loss caused thereby. But jurisprudence has also defined it as the pecuniary compensation, recompense or satisfaction for an injury sustained or as otherwise expressed, the pecuniary consequences which the law imposes for 2 the breach of some duty or violation of some rights. Venue The complaint for damages is a personal action and may be commenced and tried where the defendant or any of the defendants resides or may be found or where the plaintiff or any of the plaintiffs 3 resides at the election of the plaintiff. Award The damages that should be awarded should be the money value of such damages. The award 4 given should not be its equivalent in property. Damnum Absque Injuria There is no liability even if there is damage because there was no injury. Where the case is absent there can be no actionable wrong if either or one or the oether is wanting. Thus if the damage 5 resulted because a person exercised his legal rights it is damnum absque injuria. Damage versus Injury Injury is the legal invasion of a legal right while damage is the loss, hurt or harm which results from the injury. Damages, on the other hand are the recompense or compensation awarded for the damage suffered. Thus, there can be damage without injury in those instances in which the loss or harm was not the result of a violation of a legal duty. In such cases, the consequences must be borne by the injured person alone, the law affords no remedy for damages resulting from an act which does not amount to a legal injury or wrong.

1 2

Aquino, Torts and Damages People v Ballesteros, 285 scra 448 3 Baritua v Court of Appeals 267 scra 331 4 Heirs of Borlado v Court of Damages, 363 scra 753 5 Custodio v Court of Appeals 253 scra 483

1|Page