Practice question
A plaintiff proves temperate entitlement and qualifying gross negligence in a quasi-delict, then demands exemplary damages at exactly ten times the temperate award as an automatic Code formula. What is wrong with that demand?
- Every temperate award is multiplied by ten
- The Code does not make that multiplier or the award automatic
- Gross negligence fixes a universal amount
- The plaintiff alone conclusively chooses damages
- Judicial assessment is prohibited
Legal references
- Civil Code, Articles 1226-1230, 1701-1703, 2224-2235: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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