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Philippine Bar review · Question

Practice question: Temperate or Moderate Damages

Multiple Choice Hard

Practice question

A plaintiff proves a violation of a property right but the court finds no basis to conclude that any financial loss occurred. The plaintiff argues that because exact losses are unproved, temperate damages must follow automatically. Which distinction is correct?
  1. Failure of exact proof always proves some financial loss
  2. A right violation may support nominal vindication, but temperate damages still require a finding of actual pecuniary loss
  3. Temperate and nominal damages are identical
  4. Every right violation requires a contract penalty
  5. The court must invent destroyed property

Legal references

  • Civil Code Articles 2216 and 2221–2225: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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