Practice question
After a breach, the defendant asserts a replacement could have avoided losses, but proves no actual supplier, available stock, delivery time or workable price during the relevant period. The claimant had made reasonable documented inquiries. May the court treat a merely imagined replacement as conclusive proof of failure to mitigate?
- No; the proposed alternative must be assessed against the actual available circumstances
- Yes; any imagined alternative conclusively proves negligence
- Yes; availability and timing are always irrelevant
- Yes; an assertion automatically cancels all original damages
- Yes; a replacement found years later necessarily existed then
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles2199–2200,2203.
Answer this question in flashcards to review your response and continue practicing.