Philippine Bar review · Question

Practice question: Duty of Injured Party to Mitigate Damages

Multiple Choice Hard

Practice question

A claimant can avoid PHP10,000 of additional loss only by spending PHP100,000 on a measure that yields no other benefit. No cheaper workable alternative exists, and no special obligation requires it. The defendant says Article2203 categorically requires that expenditure. Which is correct?
  1. The duty of reasonable diligence does not categorically demand that grossly disproportionate expenditure
  2. Mitigation always requires spending any sum the defendant names
  3. The claimant must increase the loss by PHP90,000
  4. The article makes all costs irrelevant
  5. Refusal automatically forfeits every original claim

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2199–2200,2203.

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