Definition Of Mitigate Damages

This means that the victim is legally obligated to act in a manner that will mitigate both the effects of the breach and their own personal losses and even if the victim who suffers.

Definition of mitigate damages. Mitigation of damages is a contract law concept that requires that a victim in a contract dispute to minimize the damages that result from a breach of the contract. Mitigation of damages involves taking steps to lessen the harm that occurs as a result of someone else s improper actions. Mitigate definition is to cause to become less harsh or hostile. Taking action to avoid or reduce damages a person who claims damages as a result of an alleged wrongful act on the part of another has a duty under the law to mitigate those damages.

When a person is wronged by another the victim has the. The mitigation of damages doctrine also known as the doctrine of avoidable consequences prevents an injured party from recovering damages that could have been avoided through reasonable efforts. How to use mitigate in a sentence. Legal definition of mitigation of damages.

Under the mitigation of damages doctrine a person who has suffered an injury or loss should take reasonable action where possible to avoid additional injury or loss. An affirmative defense based on this doctrine called also avoidable consequences. However this is not a duty enforceable by anyone rather it is a recognition that if the claimant fails to do so its damages. The duty to mitigate damages is most traditionally employed in the areas of tort and contract law.

That is to take advantage of any reasonable opportunity he may have had under the circumstances to reduce or minimize the loss or damage. The use of reasonable care and diligence in an effort to minimize or avoid injury. A person injured by another is required to mitigate his or her losses resulting from the injury. The claimant is said to have a duty to mitigate.

An injured party cannot recover damages for any loss whether caused by a breach of contract or breach of duty which could have been avoided by taking reasonable steps. Cisco the it is well established that a party who suffers damages as a result of a breach of contract has a duty to mitigate those. A person is not allowed to stand idly by and watch further harm come to his or her property or to otherwise passively allow additional. Mitigation in law is the principle that a party who has suffered loss from a tort or breach of contract has to take reasonable action to minimize the amount of the loss suffered as stated by the canadian federal court of appeal in redpath industries ltd.

A doctrine in tort and contract law. Militate synonym discussion of mitigate.