This case has been cited 2 times or more.
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2013-11-11 |
LEONEN, J. |
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| To justify an award for exemplary damages, the wrongful act must be accompanied by bad faith, and an award of damages would be allowed only if the guilty party acted in a wanton, fraudulent, reckless or malevolent manner.[88] In this case, this Court finds that respondent Ruperto V. Tankeh acted in a fraudulent manner through the finding of dolo incidente due to his failure to act in a manner consistent with propriety, good morals, and prudence. | |||||
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2001-02-21 |
PARDO, J. |
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| "In awarding moral damages for breach of contract of carriage, the breach must be wanton and deliberately injurious or the one responsible acted fraudulently or with malice or bad faith."[17] "Where in breaching the contract of carriage the defendant airline is not shown to have acted fraudulently or in bad faith, liability for damages is limited to the natural and probable consequences of the breach of obligation which the parties had foreseen or could have reasonably foreseen. In that case, such liability does not include moral and exemplary damages."[18] "Moral damages are generally not recoverable in culpa contractual except when bad faith had been proven. However, the same damages may be recovered when breach of contract of carriage results in the death of a passenger."[19] | |||||