Philippine Bar review · Question

Practice question: Duty of Injured Party to Mitigate Damages

Multiple Choice Medium

Practice question

A reasonable protective measure costs PHP5,000 and prevents PHP80,000 of further loss. The cost is proved causally attributable and otherwise recoverable. Must reasonable mitigation necessarily be cost-free to count?
  1. No; a reasonable protective expenditure may be assessed as part of the resulting loss
  2. Yes; only free steps are ever reasonable
  3. Yes; spending money automatically waives all damages
  4. Yes; the owner must bear every cost regardless of governing law
  5. Yes; protection expenses are automatically criminal fines

Legal references

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

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