17.74 Damages: Duty to Minimize Damages is a legal doctrine that holds that a party who has suffered harm must take reasonable steps to minimize the damages incurred. This doctrine applies to both contractual and tort cases, and seeks to prevent a party from being unjustly enriched by their own negligence. It applies to situations where a party has suffered a loss due to another party’s breach of duty or negligence. Common types of 17.74 Damages: Duty to Minimize Damages include: Compensatory Damages, Punitive Damages, and Attorneys' Fees. Compensatory Damages are those damages that are meant to compensate the injured party for the specific losses they have suffered due to the other party’s actions. Punitive Damages are those damages that are meant to punish the other party for their actions. Attorneys' Fees are those costs associated with hiring a lawyer to represent the injured party in the case.
17.74 DAMAGES: DUTY TO MINIMIZE DAMAGES
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Duty to mitigate damages is a contract concept that simply means that the party who did not breach the contract cannot take advantage of the breach. This duty protects a breaching party from unfair liability. This duty also prevents recovery of any damages that could have been reasonably avoided.
Duty to mitigate damages is a contract concept that simply means that the party who did not breach the contract cannot take advantage of the breach. This duty protects a breaching party from unfair liability. This duty also prevents recovery of any damages that could have been reasonably avoided.
The Duty to Mitigate This means that an injured party has the responsibility to act reasonably to minimize the harm resulting from the injury. If the court finds that the injured person has not mitigated his or her damages, it can reduce the amount that the victim will be able to recover from the wrongdoer.
Mitigation of damages is sometimes referred to as the doctrine of avoidable consequences. The doctrine requires a plaintiff who is injured by a defendant to take steps to minimize his damages.
The mitigation of damages doctrine, also known as the doctrine of avoidable consequences, prevents an injured party from recovering damages that could have been avoided through reasonable efforts. The duty to mitigate damages is most traditionally employed in the areas of tort and contract law.
The Injured Plaintiff's Obligation to Reduce Damages Even a person who suffers personal injury through no fault of their own has an obligation which requires them to take reasonable steps to avoid further loss. They must also take steps to minimize the consequences of the injury.
A plaintiff in a personal injury case has a duty to minimize or ?mitigate? their injuries and damages after an accident, such as by seeking prompt medical treatment after an accident. In other words, an injured party cannot rack up unnecessary expenses after and sue the at-fault party for those damages.