Failure to avoid consequences, failure to mitigate damages

Question 1

Hutchins v. Schwartz:

Answer 1

1. Failure to mitigate damages: A person has a duty to use ordinary care to minimize his damages after he has been injured. Plaintiff must not be compensated with damages resulting from his failure to use such care. Post-accident conduct by the victim that was a cause of some of the injuries or damages.
2. Failure to avoid consequences: A person has a duty to use ordinary care to avoid consequences, before the accident. Pre-accident conduct by the victim that did not cause the accident but that was a cause of some of the injuries or damages.
3. Comparative or contributory negligence: Pre-accident conduct by the victim that was a cause of the accident, therefore a cause of all injuries/damages “Accident-causing Fault”.