California Jury Instruction - 1.1 Duty To Mitigate In General
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The duty to mitigate refers to a party's obligation to make reasonable efforts to limit the harm they suffer from another party's actions. Parties have a duty to mitigate in both torts and breaches of contracts.
Simply put, mitigating your damages means you can't sit back and watch further losses occur to your personal property after the initial loss has occurred. It is your duty to take reasonable protective measures to prevent further harm or loss.
In a personal injury case, the injured party has the duty to mitigate damages. This means that an injured party has the responsibility to act reasonably to minimize the harm resulting from the injury.
Failure to mitigate damages is an affirmative defense in a personal injury case. This means the defendant admits (or affirms) they were negligent, but points out that the fact the plaintiff failed to take steps to prevent or minimize injury should be considered.
For example, if a tenant abandons their lease, a landlord has duty to mitigate damages caused by the breaching tenant. In this case, the mitigation of damages doctrine imposes a duty on the landlord to try to find a new tenant and re-rent their property.
The duty to mitigate refers to a party's obligation to make reasonable efforts to limit the harm they suffer from another party's actions. Parties have a duty to mitigate in both torts and breaches of contracts.
For example, if a tenant abandons their lease, a landlord has duty to mitigate damages caused by the breaching tenant. In this case, the mitigation of damages doctrine imposes a duty on the landlord to try to find a new tenant and re-rent their property.
The duty to mitigate damages is the idea that an injured party must take reasonable action to limit the extent of the harm they suffered due to a defendant. For example, in a car accident, you should pull off to the side of the road if possible to avoid being hit by another vehicle.