MrThickRopes
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Simple English definitions for legal terms
damages, mitigation of
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A quick definition of damages, mitigation of:
When someone is hurt or a contract is broken, the person who was harmed must try to make things better. This is called the mitigation-of-damages doctrine. If they don't try to make things better, the amount of money they can get from the person who hurt them or broke the contract might be less. This is because they didn't do everything they could to fix the problem.
A more thorough explanation:
Definition: Mitigation of damages refers to the 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.
Example: Let's say that a tenant breaks their lease agreement and moves out before the end of the lease term. The landlord has a duty to mitigate their damages by making reasonable efforts to find a new tenant to occupy the rental property. If the landlord fails to do so and the property remains vacant, the tenant may argue that their liability for damages should be reduced because the landlord did not mitigate their damages.
Explanation: In this example, the landlord has a duty to mitigate their damages by finding a new tenant to occupy the rental property. If the landlord fails to do so, the tenant may argue that their liability for damages should be reduced because the landlord did not take reasonable steps to minimize the effects of the tenant's breach of contract.