Washington Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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FAQ
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.
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.
Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
Pattern Jury Instr. Civ. WPI 15.01 (7th ed.) The term ?proximate cause? means a cause which in a direct sequence [unbroken by any superseding cause,] produces the [injury] [event] complained of and without which such [injury] [event] would not have happened.
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.
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.