Practice question
A defendant proves a minor plaintiff lapse but the factfinder determines that it did not contribute to the occurrence or severity of the claimed injury. The defendant invokes Article 2214 as automatic mitigation for any imperfection. Which is best?
- Every imperfection reduces damages even when unrelated.
- Only the defendant’s opinion of the plaintiff matters.
- The label contributory eliminates any need for evidence.
- Mitigation for contributory negligence requires the relevant contribution; the stipulated noncausal lapse does not supply it.
- Every lapse extinguishes the underlying duty of care.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2179 and 2214.
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