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PAR. 1
PAR. 2
OBLIGORS
CONDUCT
EXTENT OF
LIABILITY
CASE DOCTRINES
In order to impose on the defaulting party further liability than for damages
naturally and directly arising from a breach of contract, such unusual or
extraordinary damages must have been brought within the contemplation of the
parties as the probable result of a breach at the time of or prior to contracting.
(Mendoza v. PAL)
The determination of damages depends, mainly upon two (2) factors, namely:
(1) the number of years on the basis of which the damages shall be computed and
(2) the rate at which the losses sustained by said respondents should be fixed.
Life expectancy = 2/3 x (80 a), where a = the age at death. (Villa Rey
Transit v. CA)
I
Indemnity for death should be computed based on the life expectancy of the
deceased and not of his heirs. (PAL v. CA)
2. CRIMES AND QUASI-DELICTS
Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for all
damages which are the natural and probable consequences of the act or
omission complained of. It is not necessary that such damages have been
foreseen or could have reasonably been foreseen by the defendant.
Art. 2203. The party suffering loss or injury must exercise the diligence of a
good father of a family to minimize the damages resulting from the act or
omission in question.
WHAT IS THE DOCTRINE OF AVOIDABLE CONSEQUENCES
The doctrine of avoidable consequences means that a party cannot recover damages
for consequences that it may have avoided. This is embodied in Art. 2203.
AVOIDABLE CONSEQUENCES V.
AVOIDABLE
CONSEQUENCES
A wrongful act or omission
causing injury has already
taken place, but the avoidable
consequences come after
such act or omission
CONTRIBUTORY NEGLIGENCE
CONTRIBUTORY
NEGLIGENCE
The negligence comes before
or during the wrongful act or
omission that causes injury.