mitigation of damages

mitigation of damages
Broadly, every fact tending to decrease the damages allowable in an action. 22 Am J2d Damg § 200. More precisely, those facts which tend to show that the conceded or assumed cause of action does not entitle the plaintiff to as large an amount of damages as otherwise would be recoverable. 22 Am J2d Damg § 200. There are three typical situations within the more limited definition:–(1) that the plaintiff reasonably could have avoided a part or all the consequences of the defendant's wrongful act; (2) that the plaintiff received a benefit as a result of the defendant's wrongful act; and (3) that in cases where the defendant's conduct is material to the damages recoverable, his conduct was not as wrongful as plaintiff claims. 22 Am J2d Damg § 200.

Ballentine's law dictionary. . 1998.

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