Practice question
A claimant proves an actionable city-controlled public-work defect and actual loss. The court also finds that the claimant’s own negligence was merely contributory, while the city’s lack of due care was the immediate and proximate cause. The city insists that the word negligence alone defeats the entire claim. Which is best?
- Apply Article 2179’s contributory-negligence rule and mitigate the damages rather than impose that automatic bar
- Any negligence allegation is an absolute defense
- The city has permanent immunity from all damages
- The claimant must receive punitive damages without a legal basis
- All causation findings must be discarded
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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