New Jersey Jury Instruction - 1.1 Duty To Mitigate In General
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FAQ
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.
Duty to mitigate and the employer's defense The law imposes a duty to take reasonable steps to obtain comparable employment. At trial, the employer can assert an affirmative defense by alleging: The plaintiff failed to exercise reasonable diligence to mitigate damages.
The mode of operation doctrine is a powerful weapon available to plaintiffs in NJ personal injury cases. If you have been injured on a commercial premises where a self-service business is located, you may be entitled to bring a claim and rely upon the mode of operation doctrine.
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.
What Is Mitigation of Damages? More specifically, under New Jersey contract law, a party who suffers injury or damage because of a breach must make a reasonable effort to avoid or minimize the loss by taking advantage of any reasonable business or employment opportunities that may be available under the circumstances.
The term "preponderance of the evidence" means that amount of evidence that causes you to conclude that the allegation is probably true. To prove an allegation by the preponderance of the evidence, a party must convince you that the allegation is more likely true than not true.
The duty to mitigate refers to a party's obligation to make reasonable efforts to limit the harm they suffer from another party's actions. Parties have a duty to mitigate in both torts and breaches of contracts.