Practice question
A plaintiff’s carelessness only contributes to an accident whose immediate and proximate cause is the defendant’s lack of due care. Under Article2179, what follows?
- Recovery remains possible, with mitigation of damages
- Any contribution necessarily bars all recovery
- The defendant is automatically faultless
- The plaintiff receives a mandatory bonus
- Only the plaintiff’s insurer can ever sue
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1172–1174,2178–2179,2194.
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