Philippine Bar review · Question

Practice question: Liquidated Damages

Multiple Choice Easy

Practice question

Does recovery under an applicable valid liquidated-damages clause universally require proof of the exact actual loss?
  1. No, but the clause's applicability and the breach must still be established
  2. Yes, the agreed measure never matters
  3. No, because no contract or breach is necessary
  4. Yes, unless the creditor asks twice
  5. Only the defendant's wealth matters

Legal references

  • Civil Code Articles 1228–1229, 2216 and 2226–2228: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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