Practice question
Liability under Article20 is established for unlawful damage to a warehouse roof. After receiving a timely practical opportunity to protect stored goods at modest cost, the owner deliberately refuses every reasonable step and claims all avoidable additional spoilage. The court proves which added loss due diligence would have prevented. Which principle applies?
- Article2203’s duty to minimize resulting damage must be applied
- Established liability automatically entitles the owner to deliberately enlarge every loss
- The duty to mitigate exists only if the wrongdoer consents
- The claimant may always choose an unlimited compensatory amount
- Proof of avoidability is forbidden
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles20,2195–2199,2200,2203,2205,2207.
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