Personal Elements
-1 Creditor (active) he demands the performance of subject
-2 Debtor (passive) awaits the command of the creditor
Damages (mental)
-7 Moral
-8 Exemplary
-9 Nominal
-10 Temperate
-11 Actual
-12 Liquidated
Cases
1. Far East bank vs CA (241 S 671)
The court ruled that
The bank's failure, even perhaps inadvertent, to honor its credit card issued to
private respondent Luis should entitle him to recover a measure of damages
sanctioned under Article 2221 of the Civil Code providing thusly: "Art. 2221.
Nominal damages are adjudicated in order that a right of the plaintiff, which has been
violated or invaded by the defendant, may be vindicated or recognized, and not for the
purpose of indemnifying the plaintiff for any loss suffered by him."
In RCPI case
-13 respondent superior
-14 the very act of the employer is your act also
Negligence
-26 May be simple
-27 May be gross
-28 May be mitigated by courts
Airfrance vs Caruscuso
Caruscuso was forced to replace his 1st class seat to common class, caruscuso
sued the airfrance for negligence and the defense of the airfrance that it was based on
contracts not quasi delicts.
The court ruled that culpa contractual arises from culpa aquilana.
But in most cases, the liability arises from culpa contractual based on the
stipulation of contracts by both parties.
Fortuitous event
Theft is not a fortuitous event, since the owner of the thing is negligent hence
he should have take good care of his things
Cases:
Tayag vs CA (219 S 480)