Practice question
In a collision case, the evidence establishes the defendant's excessive speed as the immediate and proximate cause. The plaintiff's separate failure to take an available precaution increased the resulting damage but is found only contributory. The defendant asks for dismissal merely because both were negligent. Which result follows Article 2179?
- Automatic dismissal whenever both parties were negligent
- Recovery remains possible, but the court must mitigate damages for the established contributory negligence
- Full recovery without considering the contribution in every case
- Automatic transfer of the plaintiff's vehicle
- Mandatory reduction by exactly one-half
Legal references
- Civil Code Article 2179: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Achevara v. Ramos, GR 175172, September 29, 2009, main decision: https://lawphil.net/judjuris/juri2009/sep2009/gr_175172_2009.html
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