Texas Jury Instruction — 1.1 Duty To Mitigate In General is a legal instruction provided to jurors in Texas regarding the duty of plaintiffs to minimize or reduce their damages after suffering harm or injury. This instruction is relevant in civil cases where a party is seeking compensation for their losses, and it serves to guide the jury in assessing the appropriate amount of damages to be awarded. The duty to mitigate is an important principle in Texas law, as it recognizes that plaintiffs have an obligation to take reasonable steps to minimize their damages following an incident or injury. It emphasizes the idea that plaintiffs should not be able to recover damages for losses that could have been avoided or mitigated through reasonable efforts. The Texas Jury Instruction — 1.1 Duty To Mitigate In General instructs the jury to consider whether the plaintiff took reasonable steps to mitigate their damages and whether they made efforts to minimize their losses. It directs the jury to evaluate the reasonableness of the plaintiff's actions in light of the circumstances of the case. Different types of Texas Jury Instruction — 1.1 Duty To Mitigate In General can vary based on the specific nature of the case, such as personal injury, property damage, or breach of contract. Each type of instruction will provide guidance tailored to the particular circumstances and legal principles applicable to the case at hand. For example, in a personal injury case, the jury instruction may direct the jury to consider whether the plaintiff sought medical treatment promptly, followed the prescribed course of treatment, and engaged in rehabilitative efforts to mitigate their pain and suffering. In a breach of contract case, the jury may be instructed to assess whether the plaintiff made reasonable efforts to find alternative employment or mitigate their financial losses after being terminated. Overall, the Texas Jury Instruction — 1.1 Duty To Mitigate In General underscores the importance of the duty to mitigate damages in civil cases, urging jurors to consider both the actions taken by the plaintiff and the reasonableness of those actions. It ensures fair and just compensation by taking into account the efforts made by the plaintiff to minimize their losses and avoid any excessive awards that may result from failure to mitigate.
Texas Jury Instruction - 1.1 Duty To Mitigate In General
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[I will give you a number where others may contact you in case of an emergency.] [Any notes you have taken are for your own personal use. You may take your notes back into the jury room and consult them during deliberations, but do not show or read your notes to your fellow jurors during your deliberations.
The general rule in Texas is that damages that may have been avoided or mitigated are not recoverable, and an injured party must use reasonable efforts to avoid or mitigate its losses. The standard is that of ordinary care, and what an ordinary prudent person would have done under the same or similar circumstances.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
General Contract Questions The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2.
Each county receives a list of potential jurors from the Secretary of State that consists of those individuals in the county that are registered to vote, hold a Texas driver's license, or hold a Texas identification card. Citizens on the list are randomly selected and mailed a summons to report for jury service.
Texas Pattern Jury Charges?Malpractice, Premises & Products is intended to assist the bench and bar in preparing the court's charge in jury cases. It provides definitions, instructions, and questions needed to submit jury charges in professional malpractice, premises, and products cases.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
The State Bar of Texas produces its own set of model jury charges called Texas Pattern Jury Charges (PJC), which are generally published on a two-year cycle.