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.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • mitigation of damages — 1: a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury whether the patient shares any fault and whether the patient has satisfied the requirements of mitigation of… …   Law dictionary

  • mitigation-of-damages doctrine — n. The doctrine that requires a plaintiff to use reasonable efforts to alleviate the injury caused by the defendant. For example, a merchant who fails to receive goods due to the manufacturer s breach is expected to replace those goods with… …   Law dictionary

  • mitigation — I noun abatement, abridgment, adjustment, alleviation, assuagement, attenuation, comforting, decrease, diminishment, diminution, easing, lessening, levamentum, levatio, lightening, mitigatio, moderation, palliation, reduction, relaxation, relief …   Law dictionary

  • damages — I noun amends, compensation, costs, expenses, expiation, fine, indemnification, indemnity, injury, just compensation, legal costs, legal liability, loss, penalty, recompense, recovery, reimbursement, remuneration for injury suffered, reparation,… …   Law dictionary

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • Mitigation (law) — 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… …   Wikipedia

  • mitigation of damage — Minimizing the loss incurred by the person who suffered the loss and is claiming damages as a result of it. The injured party has a duty to take all reasonable steps to mitigate any loss and the courts will not, therefore, award damages to… …   Big dictionary of business and management

  • mitigation — /mɪtəˈgeɪʃən/ (say mituh gayshuhn) noun 1. the act or fact of mitigating. 2. Law a reduction or attempt to secure a reduction in damages or punishment, as in a speech made to a judge after a verdict or plea of guilty. {Middle English… …  

  • mitigation of punishment — Lessening the punishment to be inflicted upon a convicted criminal out of consideration of circumstances such as former good behavior, the background of the defendant, the payment of damages by the defendant to the injured person, etc. 21 Am J2d… …   Ballentine's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”