15:41
I also like CLS for liberal clerking. approx 41 FCOA clerks per yr
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Simple English definitions for legal terms
avoidable-consequences doctrine
Read a random definition: UMTA
A quick definition of avoidable-consequences doctrine:
The avoidable-consequences doctrine, also known as the mitigation-of-damages doctrine, is a principle that requires someone who has been harmed or suffered a breach of contract to take reasonable steps to lessen the impact of the harm or breach. If the person fails to do so, the amount of compensation they can receive may be reduced. Essentially, this means that if someone could have avoided some of the harm they suffered, they cannot expect to be fully compensated for it.
A more thorough explanation:
The avoidable-consequences doctrine, also known as the mitigation-of-damages doctrine, is a legal principle that requires a plaintiff to take reasonable steps to minimize the effects of an injury or breach of contract. If the plaintiff fails to do so, the defendant may argue that the plaintiff's recovery should be reduced.
For example, if a tenant breaks a lease agreement and moves out before the end of the lease term, the landlord has a duty to mitigate damages by making reasonable efforts to find a new tenant. If the landlord fails to do so and the property remains vacant, the tenant may argue that the landlord's damages should be reduced because they could have been avoided.
Another example is if a person is injured in a car accident and fails to seek medical treatment, the defendant may argue that the plaintiff's damages should be reduced because they could have been avoided or minimized if the plaintiff had sought medical attention.
These examples illustrate how the avoidable-consequences doctrine requires plaintiffs to take reasonable steps to minimize damages and how failure to do so may result in a reduction of their recovery.