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Philippine Bar review · Question

Practice question: Duty of Injured Party to Mitigate Damages

Multiple Choice Easy

Practice question

If a reasonable substitute actually earns income during the loss period, should that fact be considered in computing the net lost-profit claim for the same period?
  1. Yes; actual mitigation affects the proved remaining loss
  2. No; earned income must always be concealed
  3. No; the full unmitigated loss is always mandatory
  4. No; substitute income automatically becomes a gift to the defendant
  5. No; only the complaint’s original estimate matters

Legal references

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

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