The avoidable-consequences doctrine, also referred to as the mitigation-of-damages doctrine, mandates that individuals who have experienced harm or a breach of contract must take reasonable measures to minimize the impact of the harm or breach. Failure to do so may result in a reduction of the compensation they are entitled to receive. In essence, if someone could have prevented some of the harm they endured, they cannot anticipate being fully reimbursed for it.
The avoidable-consequences doctrine, also referred to as the mitigation-of-damages doctrine, is a legal principle that mandates plaintiffs to take reasonable actions to lessen the impact of an injury or breach of contract. Failure to do so allows the defendant to argue for a reduction in the plaintiff’s recovery. For instance, if a tenant breaks a lease agreement and vacates the property before the lease term ends, the landlord must make reasonable efforts to find a new tenant in order to mitigate damages. If the landlord fails to do so and the property remains vacant, the tenant can argue that the landlord’s damages should be reduced because they could have been avoided. Similarly, if a person is injured in a car accident but neglects to seek medical treatment, the defendant may argue that the plaintiff’s damages should be reduced because they could have been avoided or minimized if medical attention had been sought. These examples demonstrate how the avoidable-consequences doctrine necessitates plaintiffs to take reasonable steps to minimize damages, and failure to do so may result in a reduction of their recovery.
The Avoidable-Consequences Doctrine is a legal principle that states that a plaintiff cannot recover damages for harm that could have been avoided through reasonable efforts.
The purpose of the Avoidable-Consequences Doctrine is to encourage plaintiffs to take reasonable steps to mitigate their damages and to prevent them from recovering damages for harm that they could have prevented.
The Avoidable-Consequences Doctrine applies in cases where the plaintiff has failed to take reasonable steps to mitigate their damages.
Examples of situations where the Avoidable-Consequences Doctrine might apply include cases where a plaintiff fails to seek medical treatment for an injury, or where a plaintiff fails to take steps to prevent further damage to their property.
The standard for determining whether a plaintiff has failed to mitigate their damages is whether the plaintiff acted reasonably under the circumstances.
The effect of the Avoidable-Consequences Doctrine on a plaintiff’s damages award is to reduce the damages award by the amount that could have been avoided through reasonable efforts.
Yes, the defendant can raise the Avoidable-Consequences Doctrine as a defence to a plaintiff’s claim for damages.
The burden of proof for the defendant to establish the Avoidable-Consequences Doctrine as a defence is on the defendant, who must show that the plaintiff failed to take reasonable steps to mitigate their damages.
Yes, the plaintiff can rebut the defendant’s defence of the Avoidable-Consequences Doctrine by showing that they acted reasonably under the circumstances.
The role of the court in applying the Avoidable-Consequences Doctrine is to determine whether the plaintiff acted reasonably under the circumstances and to reduce the damages award accordingly.
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: 17th April 2024.
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