Civil Code, Art. 2231

Statute

Civil Code

Article

Art. 2231

Topic

Exemplary damages in quasi-delict (gross negligence)

Year

1949

The provision

Key points

Article 2231 governs exemplary damages in quasi-delicts: they may be granted if the defendant acted with gross negligence.

Ordinary negligence is enough to establish a quasi-delict under Article 2176, but exemplary damages under this article require the heightened standard of gross negligence. The provision is read with Article 2176 (quasi-delict), Article 2229 (the nature and purpose of exemplary damages), and Article 2234 (pleading and proof).

The provision raises the bar for exemplary damages in tort cases: while ordinary negligence is enough to make out a quasi-delict under Article 2176, only gross negligence — a want of even slight care, or conduct showing conscious indifference to consequences — will justify exemplary damages. Consistent with Article 2234, the plaintiff must also be entitled to another category of damages, such as moral or temperate damages, before the court may add an exemplary award, which remains discretionary under Article 2233.

Related provisions

• Civil Code Art. 2217 — Moral damages — definition
• Civil Code Art. 2219 — Moral damages — recoverable cases
• Civil Code Art. 2220 — Moral damages for breach of contract in bad faith
• Civil Code Art. 2221 — Nominal damages
• Civil Code Art. 2232 — Exemplary damages in contracts and quasi-contracts
• Civil Code Art. 2229
• Civil Code Art. 2230
• Civil Code Art. 2176
• Civil Code Art. 2234

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