{"id":11013,"date":"2017-12-17T07:40:13","date_gmt":"2017-12-17T07:40:13","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11013"},"modified":"2017-12-17T07:40:13","modified_gmt":"2017-12-17T07:40:13","slug":"mitigation-of-damages-doctrine-the-principle-inducing-a-plaintiff-after-an-injury-or-breach-of-contract-to-make-reasonable-efforts-to-alleviate-the-effects-of-the-injury-or-breach-or-else-the-pla","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11013","title":{"rendered":"Mitigation-of-Damages Doctrine – the principle inducing a plaintiff, after an injury or breach of contract, to make reasonable efforts to alleviate the effects of the injury or breach, or else the plaintiff’s recovery may be reduced"},"content":{"rendered":"

mitigation-of-damages doctrine<\/span>:<\/strong><\/span>
\n(1978)<\/span><\/p>\n

1. The principle inducing a plaintiff, after an injury or breach of contract, to make reasonable efforts to alleviate the effects of the injury or breach.\u00a0 *\u00a0 If the defendant can show that the plaintiff failed to mitigate damages, the plaintiff’s recovery may be reduced. <\/strong>\u2014 aka avoidable-consequences doctrine<\/span><\/strong><\/em>.<\/span><\/p>\n

Cf. Doctrine of Constructive service (2)<\/span><\/p>\n

mitigation of damages<\/span>:<\/strong><\/span><\/p>\n

1. Broadly, every fact tending to decrease the damages allowable in an action.\u00a0 22 Am J2d Damg \u00a7 20<\/span>.<\/span><\/strong><\/p>\n

More precisely, those facts which tend to show that the conceded or assumed cause of action does not entitle the plaintiff to as large an amount of damages as otherwise would be recoverable.\u00a0 22 Am J2d Damg \u00a7 200<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 There are three typical situations within the more limited definition: \u2014 <\/span><\/strong><\/p>\n

(1) that the plaintiff reasonable could have avoided a part or all the consequences of the defendant’s wrongful act; <\/span><\/strong>
\n(2) that the plaintiff received a benefit as a result of the defendant’s wrongful act; and<\/span><\/strong>
\n(3) that in cases where the defendant’s conduct is material to the damages recoverable, his conduct was not as wrongful as plaintiff claims.\u00a0 22 Am J2d Damg \u00a7 200<\/span>.<\/strong> [2]<\/span><\/p>\n

1. Facts that tend to show that the plaintiff is not entitled to as large an amount of damages as would otherwise be recoverable.\u00a0 The law obligates an injured party to mitigate his injury, i.e., to do all he reasonably can to avoid or lessen the consequences of the other party’s wrongful act.\u00a0 EXAMPLE: a landlord whose tenant abandons a one-year lease after two months, and refused to make further rental payments, is entitled to recover the lost rental only if and to the extent that she has made reasonable efforts to find a substitute tenant.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/strong>by<\/b><\/span><\/strong> Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em>
\n<\/span><\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/em>by<\/b><\/span><\/strong> Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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