Define: Duty To Mitigate

The duty to mitigate refers to the legal obligation of a party who has suffered harm or loss to take reasonable steps to minimize or mitigate the damages they have incurred.

The duty to mitigate typically falls on the party who has suffered harm or loss. For example, if someone is wrongfully terminated from their job, they have a duty to make reasonable efforts to find alternative employment and mitigate their financial losses.

Actions that fulfill the duty to mitigate may include actively seeking new employment, attending job fairs, updating resumes, and accepting reasonable job offers.

If a party fails to fulfill their duty to mitigate, it may affect their ability to recover damages. The court may reduce the amount of compensation awarded to reflect the losses that could have been reasonably avoided.

The duty to mitigate is applicable in various legal cases, including employment disputes, personal injury claims, breach of contract cases, and landlord-tenant disputes, among others.

The duty to mitigate is determined based on what a reasonable person in similar circumstances would do to minimize their losses. The court will consider factors such as the availability of alternative options and the efforts made by the party to mitigate their damages.

In some cases, parties may agree to waive or modify the duty to mitigate through contractual agreements. However, such waivers or modifications must be clearly stated and agreed upon by all parties involved.

No, the duty to mitigate is not a defence for the party at fault. It is an obligation placed on the injured party to take reasonable steps to minimize their damages, regardless of who caused the harm.

The duty to mitigate does not require the injured party to find identical or equivalent employment. They are only expected to make reasonable efforts to mitigate their losses. If alternative employment is not available, the court will consider the circumstances and assess the injured party’s efforts accordingly.

The duty to mitigate primarily applies to economic damages, such as lost wages or financial losses. However, in some cases, the duty to mitigate may also be relevant to non-economic damages, such as pain and suffering, if the injured party fails to seek appropriate medical treatment or therapy to alleviate their suffering.