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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A defendant offers evidence of plaintiff negligence, but the court finds it only increased harm while defendant’s lack of care was immediate and proximate. Defendant asks the court to describe it as sole cause merely because it was serious. Which is sound?

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All mitigation is prohibited. The defendant may choose the causal finding. Seriousness alone does not replace the established causal classification; mitigation is the stated Article 2179 consequence. Every plaintiff error is sole cause.

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