Article 2215Actual or Compensatory Damages

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.

CHAPTER 3 Other Kinds of Damages