Philippine Bar review · Question

Practice question: Duty of Injured Party to Mitigate Damages

Multiple Choice Medium Jurisprudence

Practice question

An owner promptly hires competent help to limit damage using a reasonable available method, but an unavoidable continuation still causes loss. Is failure of the effort alone conclusive proof of nonmitigation?
  1. Yes, only perfect results count
  2. Only the defendant may decide
  3. No, diligence is assessed from reasonable conduct in the circumstances, not success alone
  4. Every expense is necessarily unrecoverable
  5. The owner must try infinitely many measures

Legal references

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

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