Philippine Bar review · Topic
Duty of Injured Party to Mitigate Damages
Explore Duty of Injured Party to Mitigate Damages in Actual and Compensatory Damages for the Philippine Bar. Browse subtopics and published practice…
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Practice questions
- What does Article 2203 require of the injured party?
- Does mitigation mean the original wrong never occurred?
- Does Article 2203 guarantee that every reasonable attempt to minimize loss must succeed?
- A small safe temporary cover is readily available to prevent rain from worsening property damage. The injured owner kno…
- An owner promptly hires competent help to limit damage using a reasonable available method, but an unavoidable continua…
- After a negligent fire, a defendant argues that the injured resident had to enter a visibly collapsing burning room to …
- A breach stops a factory’s usual supply. A reliable equivalent replacement is promptly available at a reasonable cost, …
- Distinguish mitigation from eliminating the original cause of action.
- Explain why mitigation is not a guarantee of successful loss prevention.
- Analyze a proposed mitigation step that exposes the injured person to grave avoidable danger.
- Does Article2203’s duty to minimize damage apply only when the original wrong was contractual?
- When assessing a proposed mitigation measure, is its cost relevant to reasonable diligence?