Practice question
A creditor validly exercises a contractual and legal remedy after default, observing every applicable notice, procedure and limitation. No bad faith, abuse or independent wrong is proved. The debtor suffers a serious economic loss and argues that its magnitude alone establishes tort liability. Which answer is sound?
- Serious loss necessarily proves abuse
- The claimant must still establish a legal wrong; a proved lawful nonabusive exercise is not made tortious solely by the loss's magnitude
- Every creditor remedy is immune even if later proved abusive
- The creditor automatically owns the debtor's future earnings
- The court must invent a new prohibited act
Legal references
- Civil Code Articles 19–21 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Sanggacala v. National Power Corporation, GR 209538, July 7, 2021, main decision: https://lawphil.net/judjuris/juri2021/jul2021/gr_209538_2021.html
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