When a person suffers damages as a result of a breach of contract, he or she has the legal obligation to minimize the effects and losses resulting from the injury. The duty to mitigate works to deny recovery of any part of damages that could have been reasonably avoided. "Reasonably avoided" has no specific definition, but generally means what a reasonable person would do under similar circumstances. An innocent party is not required to take extraordinary efforts or sacrifice any substantial right to avoid losses from a breach of contract.
The duty to mitigate will almost always come up in determining your right to recover damages. An attorney can help explain the law and your rights. Additionally, an attorney can give advice on what to do to preserve your claim.
Last Modified: 12-19-2013 10:24 AM PSTLaw Library Disclaimer
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