Practice question
A negligent forklift operator causes an accident; the victim’s proven careless position contributes but is not the immediate and proximate cause. The trial court finds the operator’s lack of due care to be that cause. The operator invokes an absolute contributory-negligence bar. Which is correct?
- Article2179 permits damages subject to judicial mitigation
- Every contributory fault defeats recovery entirely
- The victim must pay the operator’s personal debts
- The defendant’s causal negligence becomes irrelevant
- The court must award every claimed amount without mitigation
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1172–1174,2178–2179,2194.
Answer this question in flashcards to review your response and continue practicing.