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Colorado Jury Instruction for Comparative Negligence The affirmative defense of the comparative negligence of the plaintiff, (name), is proved if you find all of the following: The plaintiff was negligent; and. The negligence of the plaintiff was a cause of the plaintiff's own claimed (injuries) (damages) (losses).
When catastrophe strikes your home or business, your insurance policy requires that you immediately make every reasonable effort to stop the damage and protect all insured property from further or additional damages.
What is the duty to mitigate damages? In essence, this concept means that you have a responsibility to minimize your damages. Your duty to mitigate damages can arise either explicitly (most insurance contracts will have some language to this effect) or may arise by implication (implied by the law of contracts).
Duty to mitigate damages is the legal concept that a victim should do everything reasonable that they can to keep their losses from becoming worse. Mitigating damages means taking positive, proactive steps to reduce the total amount of harm that the victim suffers because of the accident.
Colorado Method capital voir dire follows several simple principles: (1) jurors are selected based on their life and death views only; (2) pro-death jurors (jurors who will vote for a death sentence) are removed utilizing cause challenges, and attempts are made to retain potential life-giving jurors; (3) pro-death ...
In a breach of contract case, upon receiving notice that one party to a contract does not intend to perform, the other party is required to mitigate damages, meaning that it must take reasonable efforts to avoid further losses from the breach.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
Even if the reason is legally unjustified, a landlord cannot charge the tenant for the total remaining rent under the lease. If you're able to re-rent the unit to a replacement tenant quickly, the tenant would only be liable for the period the unit was vacant. This is known as the landlord's duty to ?mitigate damages.?