- Statute
- Civil Code
- Article
- Art. 2215
- Topic
- Actual or Compensatory Damages
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XVIII DAMAGES
- Chapter
- CHAPTER 2 Actual or Compensatory Damages
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract; (2) That the plaintiff has derived some benefit as a result of the contract; (3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; (4) That the loss would have resulted in any event; (5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury.
Intellegal Wiki · In plain terms
In matters involving contracts, quasi-contracts, and quasi-delicts, courts may fairly reduce the damages awarded in certain situations. These include where the plaintiff breached the contract, derived some benefit from it, would have suffered the loss anyway, tried after suit to lessen the injury, or where the defendant acted on counsel's advice when exemplary damages are sought.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Tondo Medical Center v. Rolando Rante G.R. No. 230645