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?
- The operator may enlarge losses without limit
- All initial breach liability necessarily disappears
- Every replacement is required even if unlawful
- Only the supplier’s wishes matter
- 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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