7/25/2019 Francisco v. FerrerFullecido

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Francisco v. FerrerFullecido

Facts:

Rebecca Lo and her daughter ordered a three layer cake from Fountainhead

Bakeshop. This will be used as a wedding cake for the wedding of the daughter

Upon arrival on the reception (ebu ountry lub!" they noticed the absence of the

wedding cake and made follow up call to Fountainhead

#nitially" they were informed that the cake will arrive and it was late due to tra$c.

%owever" at & pm (' hours after the set deadline! they were informed that the cake

will not arrive because the order slip got lost and they were forced to buy the onlyavailable cake which is only twolayered

) initially decided the award of moral damages of *'+,",,," e-emplary damages of

*,,",,," cost of cake of */"0+ and attorney1s fee of *,",,,ISSUES: 234 nominal damages may be awarded

Decision5 6es" *,",,,

Ratio5

- First" moral damages and exemplary damageswere removed by the 7 by thefact that there was no bad faith proven

- For nominal damages" the court stated the following5o petitioners must be held liable for nominal damages for insensitivity"

inadvertence or inattention to their customer8s an-iety and need of the hour.o 94ominal damages are 8recoverable where a legal right is technically violated

and must be vindicated against an invasion that has produced no actualpresent loss of any kind or where there has been a breach of contract and nosubstantial in:ury or actual damages whatsoever have been or can be shown.;

o 9to a plaintif wose rigt as !een violated or invaded !y te

de"endant" for the purpose of vindicating or recogni#ing tat rigt$ not"or indemni"ying te plaintif "or any loss sufered.%