Practice question
A shop negligently leaves a dangerous opening. A customer’s established carelessness contributes to the fall, but the court finds the shop’s lack of due care the immediate and proximate cause. Which rule applies?
- The customer’s smallest lapse always bars every recovery.
- The shop’s negligence erases the customer’s causal contribution entirely.
- The customer automatically recovers the full demand.
- The defendant may choose never to pay any judgment.
- The customer may recover, with damages mitigated for the contributory negligence.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2179 and 2214.
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