avoidable consequences doctrine

Doctrine imposes duty on person injured to minimize damages. Baglio v. N. Y. Central R. Co., 344 Mass. 14, 180 N.E.2d 798.
The general rule relating to duty of party who has been wronged by breach of contract to mitigate damages; i.e. to not sit idly by and allow damages to accumulate. Restatement, Second, Contracts, No. 350.
This doctrine provides that one injured by tort of another is not entitled to recover damages for any harm that he could have avoided by use of reasonable effort. Flowers v. District of Columbia, D.C.App., 478 A.2d 1073, 1077.
See also mitigation of damages

Black's law dictionary. . 1990.

Look at other dictionaries:

  • avoidable consequences doctrine — Precluding recovery of damages flowing from consequences reasonably avoidable by plaintiff. 22 Am J2d Damg § 30 …   Ballentine's law dictionary

  • avoidable consequences — avoidable con·se·quenc·es n: mitigation of damages (1) Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. avoidable consequences …   Law dictionary

  • doctrine — doc·trine / däk trən/ n: a principle established through judicial decisions compare law, precedent doc·tri·nal / trə nəl/ adj Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • mitigation of damages — 1: a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury whether the patient shares any fault and whether the patient has satisfied the requirements of mitigation of… …   Law dictionary

  • aggravation of damages — A phrase of several connotations: (1) an increase in compensable damages because of the circumstances which surrounded the injury; (2) an increase in the damages suffered resulting from the failure of the injured party to seek medical relief or… …   Ballentine's law dictionary

  • Suffering — This article is about suffering or pain in the broadest sense. For physical pain, see Pain. For other uses, see The Suffering. Tragic mask on the façade of the Royal Dramatic Theatre in Stockholm Suffering, or pain in a broad sense,[1] is …   Wikipedia

  • environment — environmental, adj. environmentally, adv. /en vuy reuhn meuhnt, vuy euhrn /, n. 1. the aggregate of surrounding things, conditions, or influences; surroundings; milieu. 2. Ecol. the air, water, minerals, organisms, and all other external factors… …   Universalium

  • Italy — /it l ee/, n. a republic in S Europe, comprising a peninsula S of the Alps, and Sicily, Sardinia, Elba, and other smaller islands: a kingdom 1870 1946. 57,534,088; 116,294 sq. mi. (301,200 sq. km). Cap.: Rome. Italian, Italia. * * * Italy… …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.