Practice question
The defendant's lack of due care is found to be the immediate and proximate cause, while the plaintiff's negligence merely contributed to the damage. Does any plaintiff negligence necessarily defeat the entire claim?
- No, Article 2179 permits recovery with mitigation in that setting
- Yes, any fault is a complete bar
- Yes, even unrelated carelessness bars recovery
- No, because the plaintiff always gets double
- Yes, unless the defendant waives the statute
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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