[CIVIL LAW LECTURES] Article 20 and Damnum Absque Injuria | INTRO TO PERSONS

welcome back once again competed to chapter 2 of the civil code welcome to the chapter on human relations during our last discussion we talked about article 19 of the civil code and why it's called the principle of abuse of rights we also talked about the meaning of good faith and bad faith and the presumption of good faith in every transaction in case you've missed this discussion there will be a link to this in the description down below as i've mentioned in the previous lesson article 19 of the civil code should not be studied in a

vacuum it should always be read in the context of articles 20 and 21 of the civil code today we're taking a look at article 20 of the civil code by the end of this lesson you should be able to one identify the instances when the principle of damn absolute in georgia is applicable to enumerate the requisites for a case to prosper under article 20. three identify the provisions of the law related to article 20 of the civil code all of this and more coming right up hi my name is lex and welcome to lexingmotion in

this channel i'll be helping you build your competence confidence and capability in law school start today by hitting the subscribe button below new episodes are posted every friday article 19 of the civil code the rest of the chapter on human relations defines for us the various causes of action for the violation of our rights a cause of action capacity is a concept you will later learn in remedial law in civil procedure in criminal procedure and evidence a cause of action is a fact or set of facts that gives rise to the right to come to

court and file an action some other links of action basis for example x is an employee of abc company he works as a graphic designer and video editor for the company they receive a lot of bulk orders during december and june the big months for the wedding industry during these times he is made to work beyond 8 hours each day over time 25 on his hourly rate for all hours of work in excess of eight hours each day thirty percent consuming regular holiday or special day if he ever files a complaint before the department of

labor unemployment or dole then the cause of action of x is the non-payment of his overtime pay the reason why he is coming to court is to collect on his overtime pay the 25 that is his cause of action for the part of his employer abc company can also come before the dollar and prove that x receives his overtime pay if the company is able to present payslips time records or other documents to show that x actually received his overtime pay then they can have the action or complaint of x dismissed the ground for the

dismissal is no cause of action in effects in a sabbing abc company complains x x regional arbitration branch national labor then abc company can have this complaint dismissed because x lacks a course of action nowhere in the labor code can we find an instance where an employee has the right to an increase in pay because he finds the work difficult the dollar is not the proper place to bargain for better conditions at work because x lacks a cause of action the dollar or any other chord for that matter cannot give x the relief he is

praying for when there is no cause of action the facts and circumstances do not merit the remedy prayed for when the complaint is evaluated and there is no relief that can be given based on the facts and circumstances then the complaint lacks a cause of action there is one more and this appears in civil procedure kapatid failure to state a cause of action procedure the chapter on human relations gives us the various causes of action or the legal basis for an action to be filed in court what you need to remember completed is that while

the civil code provisions on human relations enumerates for us certain causes of action the better and more precise legal basis can be found elsewhere i will be showing you the pattern later on so i hope you pay attention article 20 of the civil code provides that every person who contrary to law willfully or negligently causes damage to another shall indemnify the latter for the same provision article 20 civil code but in my view it is a very loaded provision it contains a lot of new words or words with technical meaning in other subjects or aspects

of the law i want to help you understand this provision and let's begin by breaking it down article 19 at marami provision article 20 provides that every person who causes damage to another on the basis of an act or series of acts that are contrary or against the law shall be liable for the damage cost damage is the loss hurt or harm that is the result of an injury an injury on the other hand is the illegal invasion of a legal right when the two of them are combined an injury resulting to damage then there

is a cause of action this is called dom nom a ordered a laptop from xyz store during the bounce back sale he paid for it before it was shipped xyz store shipped the item through one of its couriers tnj [Music] in this scenario a has the legal right to receive the item in good condition he has the right to inspect the parcel before he communicates his approval and acceptance of the laptop this legal right was violated by tnj expressed the courier in our example when it was negligent with its shipping and handling of the parcel

the damage in this case was the broken laptop and all the things that a could have done with the laptop had he received it in good working condition in this case a was injured and as a result of this injury he suffered damage because there is now injury and damage he has the cost of action to hold the sailor or the courier liable is it possible to suffer damage without injury can there be a cause of action if there is only damage and no injury let's consider the following scenario g is the owner of a

house and lat he bought the land when there were very few people in the subdivision he built a house with a lot of windows beside his property was a vacant lot actually when she built his house he made sure that he had a lot of windows facing the vacant lot he even had a small balcony on the second floor where he would enjoy his morning coffee overlooking the vacant lots she also went and planted banana trees various vegetables and a small herb garden on the vacant lots life was good and he felt like he was

back in the provinces one day aj and his family visited the lot beside the house of ji they liked what they saw and purchased the land within weeks from the sale age and the contractors built a concrete fence around the vacant lot they also destroyed the plants and herbs planted by g the new concrete wall obstructed the view of ji nakaharana he no longer enjoyed having his morning coffee on the balcony question did g suffer damage was there an injury on the part of g what is the liability of age to g if any it

would appear capacity that g suffered damage he lost his banana trees his vegetables and his herb garden he also lost his view from the balcony however these losses are not based on injury g had no legal right to occupy and cultivate the vacant lot beside his property the vacant lots did not belong to him the view on the other hand is also not his property he had no legal right over the view from his balcony this scenario is an instance of dom nom absce in georgia this is a latin phrase which means damage without injury

in the case of costodio versus court of appeals the supreme court ruled that the mere fact that the plaintiff suffered losses does not give rise to a right to recover damages to warrant the recovery of damages there must be both a right of action for a legal wrong inflicted by the defendant and damage resulting to the plaintiff they're from wrong without damage or damage without wrong does not constitute a cause of action since damages are merely part of the remedy allowed for the injury caused by a breach or wrong 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 injury in those instances in which the loss or harm was not the result of a violation of a legal duty these situations are often called damnum absce in georgia coming back to article 20 of the civil code the injury and the damage under this provision must be based on some provision of the law this means

that for an action under article 20 to prosper the cause of action must be one defined by the law for example article 100 of the revised penal code provides that every person criminally liable is also civilly liable this means capability that once a person is convicted of a crime he is liable to pay for whatever damages he has caused halimbawa sakhasong robbery with force upon things the convicted felon must pay for the things he or she has stolen the repair of the window or door he or she has broken plus any moral damages he or

she may have caused moral damages and other forms of damages are parts of torts and damages and i will do my best to also discuss this with you in future lessons in the scenario the convicted felon is pronounced guilty of the crime of robbery with force upon things because he is criminally liable under the revised penal code he must also pay for the damage caused by his or her actions the basis is article 100 of the revised penal code in relation to article 20 of the civil code whenever the law specifies a scenario for the

liability for damages then the basis of the action would always be that particular scenario in relation to article 20 of the civil code halimbawa angsino article 309 of the civil code in relation to article 20. laptop 1734 and article 1735 in relation to article 20 of the civil code under article 20 of the civil code cause of the damage is not material it can be committed willfully or negligently hindi poetic material under article 20. to summarize tonight's lesson number one a cause of action is a factor set of facts that gives rise to a right

to file an action in court without a cause of action no remedy can be given by our courts two the chapter on human relations compiles for us various causes of action these are couched in broader terms and the best way to allege a cause of action is by citing the specific provision which grants the relief three for a complaint to prosper there must be injury or the illegal invasion of a legal right and there must be damage or the loss hurt or harm that comes from the injury number four in cases where there is only

damage but no injury there can be no cause of action these are instances of dom nom absce injury five for an action under article 22 prosper there must be injury and damage that stems from an unlawful act article 20 does not distinguish between those committed willfully or negligently that's it for article 20 capability this is a very short lesson and when we take up article 21 next week we will compare the two provisions we will also take up the cases next week this week i have opened the doors to the lexing motion community on facebook

if you have signed up to join you will have the link to the group in your email inbox there's also a link in the description box below and i'm keeping the group open for a few more days if you would like us to continue these lessons please type yes in the comments down below finally there is a short quiz for us to test your understanding of the law please do not discuss the questions in the comments so as not to spoil the quiz for those who will watch later thank you so much for watching like

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