Monday, February 20, 2017

Breach of contract; when exemplary damages awarded


SAN FERNANDO REGALA TRADING, INC. vs. CARGILL PHILIPPINES, INC., G.R. No. 178008, October 9, 2013; and CARGILL PHILIPPINES, INC. vs. SAN FERNANDO REGALA TRADING, INC., G.R. No. 178042, October 9, 2013


“The Court rules that the CA correctly deleted the award of exemplary damages to San Fernando. In breach of contract, the court may only award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.15 The evidence has not sufficiently established that Cargill’s failure to deliver the molasses on time was attended by such wickedness.”