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Simple English definitions for legal terms
duty to mitigate
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A quick definition of duty to mitigate:
The duty to mitigate means that if someone does something that causes harm to another person, the person who was harmed has to try to make things better and not let the harm get worse. This is true for both when people break promises (like in a contract) and when people do something wrong (like in a tort). If the person who was harmed doesn't try to make things better, they might not be able to get all the money they want from the person who caused the harm. For example, if someone promised to sell someone else 100 apples for $5 each but then changed their mind, the person who wanted to buy the apples has to try to find someone else to buy apples from before they can ask for money from the first person. If they don't try to find someone else, they might not be able to get any money from the first person.
A more thorough explanation:
The duty to mitigate is a legal obligation that requires a party to take reasonable steps to minimize the harm they suffer from another party's actions. This duty applies to both torts and breaches of contracts.
For example, if Party A agrees to sell Party B 100 apples for $5 each but later refuses to sell them, Party B must make an effort to find a new apple seller before suing Party A for damages. If Party B can find a new seller through reasonable means, Party A's liability for the breach will decrease. However, if Party B fails to search for a new seller, Party A is absolved of liability for the breach.
The duty to mitigate is important because it ensures that parties take responsibility for their own losses and do not rely solely on the other party to compensate them. By making reasonable efforts to limit their damages, parties can reduce the amount of compensation they are entitled to receive.