Philippine Bar review · Question

Practice question: Duty of Injured Party to Mitigate Damages

Multiple Choice Easy

Practice question

Does Article2203’s duty to minimize damage apply only when the original wrong was contractual?
  1. No; its text addresses the party suffering loss or injury from the act or omission
  2. Yes; tort victims are always exempt
  3. Yes; only bank borrowers must mitigate
  4. Yes; only written-contract claimants must mitigate
  5. Yes; every noncontractual loss must be increased

Legal references

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

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