Duty to Mitigate Damages Flashcards
1
Q
General application for duty to mitigate damages
A
Generally:
1. applies to all types of contracts
2. requires the non-breaching party to use reasonable efforts to avoid, lessen, lower, reduce or limit damages
3. only requires the non-breaching party to use “reasonable efforts” to mitigate
4. courts may penalize a party for failure to mitigate
