Philippine Bar review · Question

Practice question: Damnum Absque Injuria

Multiple Choice Hard

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?
  1. Serious loss necessarily proves abuse
  2. The claimant must still establish a legal wrong; a proved lawful nonabusive exercise is not made tortious solely by the loss's magnitude
  3. Every creditor remedy is immune even if later proved abusive
  4. The creditor automatically owns the debtor's future earnings
  5. 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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