Practice question
The evidence establishes an actual pecuniary loss but, from the nature of the case, its amount cannot be proved with certainty. A party says the court must invent an exact actual-damages figure and call it fully proved. Which is sound?
- Every uncertain sum is automatically actual damages
- A judge may pick any number without basis
- The claimant necessarily receives every amount requested
- The court must apply the correct category and requirements; Article 2224 may permit temperate damages rather than pretending an unproved exact amount is actual damages
- No legal category can ever address such loss
Legal references
- Civil Code, Articles 2199 and 2224: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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