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Mitigating damages refers to the legal obligation of a party who has suffered harm or loss to take reasonable steps to reduce or minimize that damage. This principle is often applied in tort and contract law, where the injured party must not allow their losses to increase unnecessarily. For example, if someone is injured due to another's negligence, they are expected to seek medical treatment promptly and take other actions to prevent further injury. Failure to mitigate damages can affect the amount of compensation awarded in a legal claim.

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4d ago

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Related Questions

How do you use mitigate in a sentence?

Studying is a mitigation of the difficulty of the test.


Can you mitigate damages in a divorce?

There are no damages in a divorce case. The parties sue each other for divorce, and the court must equitably divide their assets and debts. Sometimes, the court must also determine custody, child support and alimony. Depending on the issues, it may be necessary to mitigate any bad facts to assist with obtaining a fair division.


What is a defence against pecuniary liability?

A defense against pecuniary liability typically involves demonstrating that the defendant did not breach a duty of care or that the plaintiff failed to mitigate their damages. Additionally, the defendant may argue that the damages claimed are not directly attributable to their actions or that the injury was caused by an intervening factor. Establishing any of these points can help mitigate or eliminate financial liability in a legal context.


Why does the law require a non-breaching party to mitigate damages?

One party cannot act to the detriment of another. It is best for society as a whole for things to be as close to normal as possible.


Will insurance still cover your car if its running and gets stolen?

Probably but that's not very smart to leave your vehicle running and unlocked in an area where it may be stolen. You do have an obligation to mitigate damages to your property.


What does mttm mean?

Married to the Mob (band) Mean Time to Maintenance Mean Time to Mitigate


What does Damages by elements excepted mean?

Damages by the elements expected means that what you thought would happen did happen. If you thought the wind would blow the roof off and it did, then the damages by the elements expected is a true statement.


What does it mean to mitigate risk and give me an example?

Mitigating risk means taking measures to decrease the risk. Wearing a helmet while bicycling is a way to mitigate the risk of a head injury.


Is a homeowner responsible for damage from a limb if they're notified prior to it actually falling?

Yep, If you received notification and took no reasonable and prudent action to mitigate a loss you can be held liable through negligence for the damages incurred.


What is Passing of risk and accidental damages in real estate?

The passing of risk in real estate refers to the transfer of liability for any damage to a property from the seller to the buyer, typically occurring at the point of sale or contract signing. Accidental damages are unforeseen damages that can occur during the possession of a property. In many real estate transactions, the risk of accidental damages may shift to the buyer upon closing, meaning the buyer is responsible for any damages that occur after that point, regardless of the cause. Understanding these concepts is crucial for both buyers and sellers to mitigate potential losses associated with property ownership.


What is judgment in a lawsuit mean?

The judgement is the final decision - who won, who lost, and what the damages are.


Sentence with mitigate?

To mitigate something, is to excuse part of it. An example sentence would be: The judge decided to mitigate the sentence.