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Question

J. Damages, Kinds of Damages, When May Be Recovered (Civil Code, arts. 2197 and 2216)

1. In a civil case, Tom, a tenant, filed a complaint for damages against his landlord, Jerry. Tom alleged that Jerry failed to repair the roof of the rental property, causing rainwater to leak into his apartment and damage his personal belongings. Tom is seeking compensation for the cost of repairing the damaged items and the inconvenience caused. Discuss whether Tom would be entitled to recover temperate or moderate damages under Articles 2224 and 2225 of the Civil Code.

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Answer