Practice question
A city invokes the claimant’s minor contributory negligence although the city’s lack of due care is established as the immediate and proximate cause. Under Article 2179 alone, must all recovery be denied?
- Yes, every contribution necessarily bars recovery
- Yes, only perfect plaintiffs can recover
- Yes, causation is never examined
- Yes, the city can ignore the statutory distinction
- No; the provision calls for mitigation in that situation
Legal references
- Civil Code: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360; Articles2179,2199.
- RA 7160: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html; Section 24.
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