Washington Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue In Washington state, the jury is given specific instructions to carefully deliberate and consider the claims and damages presented by both the plaintiff and defendant during a trial. The purpose of Washington Jury Instruction — 7.2 is to guide the jury in reaching a fair and just decision when both parties are seeking damages or when damages are not in question. This instruction highlights the duty of the jury to carefully review the evidence, evaluate witness testimony, and assess the credibility of the parties involved. The instruction emphasizes that the ultimate goal is to render a verdict that is supported by the facts presented during the trial. When both the plaintiff and defendant claim damages, the jury is faced with a challenging task of determining the appropriate compensation for each party. In such cases, Washington Jury Instruction — 7.2 advises the jury to weigh the evidence and consider the extent and nature of the harm suffered by both sides. The instruction also reminds the jury to base their award on the evidence presented, applying reason and fairness. Additionally, this instruction is relevant in cases where damages are not at issue, meaning both parties agree that there were damages caused by the incident in question. In such situations, the jury's responsibility is to assess the amount of damages separately and independently of the issue of liability. They should focus on evaluating the evidence and arguments presented to determine the appropriate compensation to be awarded to the injured party. It is important to note that there may be different variations or versions of Washington Jury Instruction — 7.2 depending on the specific facts and circumstances of each case. However, the general principles of assessing damages and the duty to deliberate are consistent across these variations. In conclusion, Washington Jury Instruction — 7.2 emphasizes the duty of the jury to carefully consider and deliberate when both the plaintiff and defendant claim damages or when damages are not an issue. By following this instruction, the jury ensures that their verdict is fair, supported by the evidence, and reflective of the harm suffered by each party.
Washington Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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WPI 303.06 (7th ed.) A plaintiff who sustains damage as a result of a defendant's breach of contract has a duty to minimize the loss suffered by plaintiff. The plaintiff is not entitled to recover for any part of the loss that plaintiff could have avoided with reasonable efforts.
When catastrophe strikes your home or business, your insurance policy requires that you immediately make every reasonable effort to stop the damage and protect all insured property from further or additional damages.
In a breach of contract case, upon receiving notice that one party to a contract does not intend to perform, the other party is required to mitigate damages, meaning that it must take reasonable efforts to avoid further losses from the breach.
Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
When two or more parties are jointly and severally liable for a tortious act, each party is independently liable for the full extent of the injuries stemming from the tortious act.
Ingly, the duty to mitigate requires a harmed person to minimize the harm suffered. Failure to minimize the harm may, and likely will, reduce the sum that the wrongdoer will owe the harmed person in a determination of liability at a court Trial.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
WPI 303.06 (7th ed.) A plaintiff who sustains damage as a result of a defendant's breach of contract has a duty to minimize the loss suffered by plaintiff. The plaintiff is not entitled to recover for any part of the loss that plaintiff could have avoided with reasonable efforts.