Article 2234Other Kinds of Damages

While the amount of the exemplary

damages need not be proved, the plaintiff must show

that he is entitled to moral, temperate or compensatory

damages before the court may consider the question of

whether or not exemplary damages should be awarded.

In case liquidated damages have been agreed upon,

although no proof of loss is necessary in order that such

liquidated damages may be recovered, nevertheless,

before the court may consider the question of granting

exemplary in addition to the liquidated damages, the

plaintiff must show that he would be entitled to moral,

temperate or compensatory damages were it not for the

stipulation for liquidated damages.