Define: Doctrine Of Avoidable Consequences

The Doctrine of Avoidable Consequences, also known as the Doctrine of Mitigation or the Duty to Mitigate Damages, is a legal principle that requires plaintiffs in civil lawsuits to take reasonable steps to minimise or mitigate their losses resulting from the defendant’s wrongful actions. Under this doctrine, plaintiffs have a duty to make reasonable efforts to prevent further harm or reduce the damages they suffer as a result of the defendant’s conduct. Failure to mitigate damages can limit the amount of compensation or damages awarded to the plaintiff. The rationale behind this doctrine is to promote efficiency in legal proceedings, encourage parties to act reasonably in mitigating their losses, and prevent plaintiffs from recovering damages that could have been avoided through reasonable efforts. Courts may consider whether the plaintiff’s actions were reasonable in light of the circumstances and may reduce the amount of damages awarded if they find that the plaintiff failed to mitigate their losses appropriately.

The doctrine of avoidable consequences is the legal principle that requires the injured party to minimize their damages. For instance, a person who suffered an injury due to a medical malpractice case should take reasonable efforts to get medical care and find a cure for their condition. If there has been a breach of contract the plaintiff should make reasonable efforts to mitigate the breach.

For example, if the landlord sues a tenant who breaks the lease agreement the landlord is required to attempt to find a new renter as soon as possible. If the landlord fails to attempt to find a renter until the current lease agreement expired, the court may decide that they did not take the necessary steps to reduce their loss and will not award the landlord rent for all the months which were remaining on the rental contract when it was breached by the defendant.

Reasonable efforts only must be made, and what is considered “reasonable” will vary by case and common sense. If the courts decide the plaintiff did not attempt to mitigate the damages they may decide to reduce or bar compensation for the loss.

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.