Tuesday, February 24, 2009

LABAYEN V. SERAFICA (CIVIL)


The lease contract contained the stipulation that the contract could be automatically cancelled if the lessee failed to pay the rentals or to comply with the stipulations in the contract. It was within the right of the respondent as lessor to avail himself of the automatic termination clause provided in the contract. Thus, whatever damages petitioners may have suffered as consequences of the termination of the lease contract and the consequent cancellation of its annotation in respondent's title would have to be borne by them alone.

THERE IS A MATERIAL DISTINCTION BETWEEN DAMAGES AND INJURY. Injury is the illegal invasion of a legal right; damage is the loss, hurt, or harm which results from the injury and damages are the recompense or compensation awarded for the damage suffered.

Thus, there can be damage without without injury in those instances in which the loss or harm was not the result of a violation of a legal right. In such cases, the consequences must be borne by the injured person alone.

THE LAW AFFORDS NO REMEDY FOR DAMAGES RESULTING FROM AN ACT WHICH DOES NOT AMOUNT TO A LEGAL INJURY OR WRONG. These situations are often called damnum absque injuria.

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