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Philippine Bar review · Question

Practice question: Duty of Injured Party to Mitigate Damages

Multiple Choice Hard Jurisprudence

Practice question

A breach stops a factory’s usual supply. A reliable equivalent replacement is promptly available at a reasonable cost, but the operator deliberately refuses it solely to let losses mount and charge them to the defendant. The additional avoidable losses are specifically proved. Which is correct?
  1. The operator may enlarge losses without limit
  2. All initial breach liability necessarily disappears
  3. Every replacement is required even if unlawful
  4. Only the supplier’s wishes matter
  5. The deliberate refusal is relevant to Article 2203 and recovery of the proved avoidable increment, while the original loss remains a separate issue

Legal references

  • Civil Code, Article 2203: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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