mitigation of damages

mitigation of damages
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 damages — D'Aries v. Schell, 644 A.2d 134 (1994); also: an affirmative defense based on this doctrine – called also avoidable consequences;
2: a reduction in the amount of damages awarded a party

Merriam-Webster’s Dictionary of Law. . 1996.

mitigation of damages
n.
A doctrine requiring the victim of a tort or breach to use reasonable diligence and ordinary care to minimize injury or damage.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


mitigation of damages
The requirement that someone injured by another's negligence or breach of contract must take reasonable steps to reduce the damages, injury, or cost, and to prevent them from getting worse. If a tenant breaks a lease and moves out without legal justification, a landlord must try to rerent the property reasonably quickly and keep his or losses to a minimum — that, is to mitigate damages. In another context, a person claiming to have been injured by another motorist should seek medical help and not let the problem worsen.
Category: Personal Finance & Retirement
Category: Real Estate & Rental Property
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


mitigation of damages
The use of reasonable care and diligence in an effort to minimize or avoid injury.

Dictionary from West's Encyclopedia of American Law. 2005.


mitigation of damages
The use of reasonable care and diligence in an effort to minimize or avoid injury.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

mitigation of damages
n.
   the requirement that someone injured by another's negligence or breach of contract must take reasonable steps to reduce the damages, injury or cost, and to prevent them from getting worse. Thus, a person claiming to have been injured by another motorist should seek medical help and not let the problem worsen. If a tenant moves out before a lease has expired, a landlord must make reasonable attempts to re-let the property and take in some rents (which are credited against the amount remainder of the lease) to mitigate his/her loss.

Law dictionary. . 2013.

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Look at other dictionaries:

  • 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 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… …   Ballentine's 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

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