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Philippine Bar review · Question

Practice question: Duty of Injured Party to Mitigate Damages

Multiple Choice Hard Jurisprudence

Practice question

After a negligent fire, a defendant argues that the injured resident had to enter a visibly collapsing burning room to save possessions, and that refusing the grave hazard forfeits every claim. No safe rescue option existed. Which is sound?
  1. Mitigation always requires risking life
  2. Every refusal to enter a fire cancels all damages
  3. Only property value matters
  4. The standard is diligent reasonable loss reduction in context, not an automatic demand for grave unsafe rescue or forfeiture of all claims
  5. The resident becomes the fire’s sole cause

Legal references

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

Answer this question in flashcards to review your response and continue practicing.