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Simple English definitions for legal terms
Mitigation of Damages
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A quick definition of Mitigation of Damages:
Term: Mitigation of Damages
Definition: Mitigation of damages means that if someone is hurt or loses money because of someone else's actions, they have a responsibility to try to make things better and not let the problem get worse. For example, if someone breaks a contract, the other person should try to find a way to fix the problem instead of just letting it get worse. This is also true if someone stops paying rent on a house or apartment. The landlord should try to find a new tenant instead of just letting the property sit empty and losing more money.
A more thorough explanation:
Mitigation of damages is a legal principle that requires an injured party to take reasonable steps to minimize their losses after an event that causes harm. This principle is commonly used in tort and contract law.
- In a breach of contract case, if one party notifies the other that they will not perform their obligations, the other party must take reasonable steps to avoid further losses. For example, if a construction company is hired to build a bridge, but the project is cancelled, the company cannot continue to work on the bridge and increase the damages caused by the breach of contract.
- In property law, if a tenant breaks their lease and leaves the property, the landlord has a duty to mitigate the damages caused by the tenant's breach. This means that the landlord must try to find a new tenant and re-rent the property as soon as possible.
These examples illustrate how the mitigation of damages principle works in practice. Essentially, the principle requires parties to take reasonable steps to minimize their losses and avoid further harm.