Washington Jury Instruction - 1.1 Duty To Mitigate In General
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The duty to mitigate damages is the idea that an injured party must take reasonable action to limit the extent of the harm they suffered due to a defendant. For example, in a car accident, you should pull off to the side of the road if possible to avoid being hit by another vehicle.
WPI 303.06 (7th ed.) A plaintiff who sustains damage as a result of a defendant's breach of contract has a duty to minimize the loss suffered by plaintiff. The plaintiff is not entitled to recover for any part of the loss that plaintiff could have avoided with reasonable efforts.
For example, if a tenant abandons their lease, a landlord has duty to mitigate damages caused by the breaching tenant. In this case, the mitigation of damages doctrine imposes a duty on the landlord to try to find a new tenant and re-rent their property.
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.
However, the doctrine of mitigation is a well-established legal principle in contract law, which states that an innocent party cannot recover for any loss which was reasonably avoidable. The purpose of mitigation is to avoid the claimant from suffering avoidable losses, resulting from the breach or tort.
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 duty to warn or to take reasonable precautions to provide protection from violent behavior is discharged if reasonable efforts are made to communicate the threat to the victim or victims and to law enforcement personnel. [ 2020 c 302 § 71; 2019 c 446 § 27; 2016 sp. s. c 29 § 259; 2005 c 371 § 5; 1985 c 354 § 27.
Mitigation in law is the principle that a party who has suffered loss (from a tort ? such as a personal injury ? or breach of contract) has to take reasonable action to minimise the amount of the loss suffered.