Legal Definition and Related Resources of Mitigation Of Damages

The person who suffers loss as a result of the breach of contract committed by another party or as a result of the tortious act of another party has an obligation to take all reasonable measures to mitigate the loss consequent upon the breach or the tortious act. The steps that he ought to take must arise out of the consequences of the breach or the tortious act and be within the scope of what would be considered reasonable and prudent . What are reasonable steps is a question of fact to be decided upon all the circumstances of the case. The term refers to a reduction of amount of damages , not by proof of facts which are a bar to part of plaintiffs cause of action , or justification , nor yet of facts which constitute cause of action in favor of the defendant , but rather facts which show that plaintiffs conceded cause of action does not entitle him to so large an amount as showing on his side would otherwise justify the jury in allowing him. See Motto v U.S., 360 F.2d 643, 175 Ct.Cl. 862.

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Mitigation Of Damages in Historical Law

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