Abridgment of Damages refers to the reduction of the amount of compensation awarded to a plaintiff in a legal case, typically due to the plaintiff’s failure to take reasonable steps to mitigate their losses or damages. This reduction is based on the principle that the plaintiff has a duty to minimize their damages by taking reasonable actions to prevent further harm or loss.
Abridgment of damages refers to the reduction or limitation of the amount of compensation awarded to a plaintiff in a legal action. It is a legal principle that allows a court to reduce the damages awarded to a plaintiff if it is deemed excessive or disproportionate to the harm suffered.
The purpose of abridgment of damages is to ensure that the compensation awarded is fair and reasonable, taking into account the actual loss or injury suffered by the plaintiff. It prevents windfall awards and discourages excessive claims by plaintiffs.
Courts have the discretion to abridge damages based on various factors, such as the severity of the harm, the plaintiff’s contributory negligence, the availability of other remedies, and the overall fairness of the award. The court may consider precedents, legal principles, and the specific circumstances of the case in determining whether an abridgment is appropriate.
Abridgment of damages is typically requested by the defendant or the court itself, but the plaintiff may also voluntarily agree to a reduction in damages. The court will consider the arguments and evidence presented by both parties before making a decision on whether to abridge damages.
It is important to note that abridgment of damages does not mean denying compensation altogether. It only involves reducing the amount awarded to a more reasonable level. The purpose is to strike a balance between compensating the plaintiff for their loss and preventing excessive or unjust awards.
Overall, abridgment of damages is a legal principle that allows courts to ensure fairness and reasonableness in the compensation awarded to plaintiffs in legal actions. It serves as a safeguard against excessive claims and promotes the equitable resolution of disputes.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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