Illinois Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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FAQ
What does "mitigation" mean? Whenever anyone has a legal claim against another, they have a duty to mitigate damages. That means you have to do what you can to minimize the damages. If you are hurt in a traffic accident, you have to take reasonable steps to get your injuries treated promptly.
A statute in Illinois requires commercial tenants to mitigate their damages when a tenant has been evicted or has moved out before their lease term ended. Mitigation in this context means that the landlord should take reasonable action to obtain a substitute tenant.
Section 9-213.1 of the Code of Civil Procedure, 735 ILCS 5/1-101, et seq., is mandatory, however, and it is the responsibility of the landlord, when proving damages, to also prove that it took reasonable measures to mitigate damages, whether or not the landlord's requirement to mitigate damages was raised as an ...
(a) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy from week to week, where the tenant holds over without special agreement, the landlord may terminate the tenancy by 7 days' notice, in writing, and may maintain an action for eviction or ejectment.
Yes, failure to mitigate damages is an affirmative defense. The defendant has to raise the issue. The defense has to present the evidence that the plaintiff didn't reasonably reduce damages. Once the defense raises the question of failure to mitigate damages, the plaintiff can refute it.
Illinois Pattern Jury Instruction (I.P.I.) 30.04. 02 defines loss of a normal life, as ?When I use the expression ?loss of a normal life,? I mean the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.?