Practice question
A defendant negligently violates a duty owed to the plaintiff, and that breach proximately causes proved damage. Can the defendant invoke damnum absque injuria merely by denying an intention to harm?
- No, the established negligent legal wrong defeats that characterization
- Yes, every unintended harm is legally harmless
- Yes, unless a crime was committed
- No, because every loss is automatically a tort
- Yes, because legal duties never involve care
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
Answer this question in flashcards to review your response and continue practicing.