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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.
New Jersey plaintiff attorneys counsel clients on reasonable measures. A plaintiff's duty to mitigate damages is widely recognized in business and employment litigation. Put simply, if Party A breaches a contract, Party A must pay damages for the economic loss the breach causes Party B.
The duty to mitigate refers to a common law principle that requires an employee who has been wrongfully dismissed to take all reasonable steps to find comparable, alternative employment during the reasonable notice period.
The Declaratory Judgments Act, N.J.S.A. 2A:16-51 et seq., authorizes courts to declare rights, status and other legal relations so as to afford litigants relief from uncertainty and insecurity.
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.
The Landlord's Duty to Mitigate Damages Under the common law in New Jersey, a landlord must take reasonable steps to find a replacement tenant, regardless of why you broke the lease.